Trenner Law Firm - ipatentattorney

12/05/2025

If you have filed a patent application in the last decade—especially for software, AI, or medical diagnostics—you likely know the dreaded "Section 101" rejection. This is where the examiner claims your invention is just an "abstract idea" or "mental process."

But as of yesterday, December 4, 2025, the strategy for fighting these rejections has shifted dramatically.

New USPTO Director John Squires has issued two massive memos that serve as a Game Changer for Software and AI Patents. In this video, I break down the new "SMED" (Subject Matter Eligibility Declaration) and why the Patent Office is effectively inviting applicants to stop arguing and start proving eligibility with facts.

In this article and video I explain:

The "SMED" Strategy: Why shifting from attorney argument to sworn factual declarations is the new preferred path for Subject Matter Eligibility.

In re Desjardins: The precedential decision regarding machine learning and "catastrophic forgetting" that opens doors for AI patenting.

3 Real-World Examples: How to use a SMED for Network Security (Mental Process), AI/Neural Networks, and Computer Animation.

The procedural warning from the Director about keeping your Section 101 and Section 103 evidence separate.

If you have a pending application stuck in a rejection, or if you are about to file for a high-tech invention, you need to understand how to use evidentiary declarations to support your claims.

11/25/2025

By securing a patent application filing date, you protect your innovative ideas and gain a competitive edge in the market. Dive into the detailed process and learn how you can get legal title to your invention without an issued patent. Learn this and more in my latest blog post here: https://buff.ly/r2LZA0u

11/18/2025

Handling a patent application during divorce introduces complexities in asset division. Strict patent deadlines remain unaffected by personal situations, making timely action crucial. Ensure full disclosure as pending patent applications may be considered marital property. Collaborate with both your family law attorney and patent attorney to safeguard intellectual property rights. A proactive plan, including immediate consultation with legal experts and clear communication, is essential to protect your invention's value. Read more at https://buff.ly/bXW7gb6

10/25/2025

The USPTO is launching the Streamlined Claim Set Pilot Program to evaluate how having fewer claims under examination impacts examination quality and pendency.

Under this pilot, certain pending utility patent applications that have no more than one independent claim and ten total claims may be eligible for expedited examination up and through the first Office action.

By focusing examination resources on already-filed, unexamined applications with streamlined claim sets, the USPTO anticipates a boost in its efforts to reduce inventory and pendency.

Learn more about the pilot program in the Federal Register Notice: http://bit.ly/3Jki9s7

08/12/2020

Isaac Singer patented the sewing machine on August 12, 1951!

Found on Google from historytoday.com

08/03/2020

An artificial-intelligence company recently awarded a Chinese patent for a voice assistant similar to Apple’s Siri has filed a patent infringement lawsuit against Apple that, if successful, could prevent the American tech giant from selling many of its products in the world’s second-largest econ...

07/29/2020

In the U.S., the Timberland boot is widely recognized as a fashion staple. Timberland's rise was not without controversy. In the early '90s, hip-hop stars on the East Coast adopted the boot, and sales began to climb. At the time, hip-hop wasn't mainstream and the strength of Black spending was often...

07/28/2020

Study finds the number of women entering and staying active in the patent system is at an all-time high

07/28/2020

Cosmic Crisp apples, Cotton Candy grapes, and Cuties are among the most fiercely protected fruits in the global IP marketplace.