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How This Affects You

Posted by Barry Choobin | Jun 30, 2025

Title: Breaking Down the 2025 USPTO § 101 Guidance Update: What It Means for Patent Eligibility

Published by Patent 360 | June 30, 2025


How This Affects You

Whether you're developing a biotech diagnostic tool, a software platform, or a smart device, the 2025 update improves your chances of obtaining a patent — if the application is drafted strategically.

At Patent 360, we stay current with USPTO developments and tailor our claim strategies to match the latest guidance. This includes:

  • Drafting claim sets that highlight technical improvements

  • Framing method steps to avoid abstraction pitfalls

  • Requesting preemptive examiner interviews when § 101 issues are anticipated


 Real-World Example

We recently filed a software application involving a system for optimizing medical image analysis using AI. Previously flagged for § 101 rejection in 2023, we refiled under the 2025 guidance, emphasizing how the algorithm improved computing efficiency and patient outcome prediction. The case passed § 101 review without amendment.


Let's Talk Strategy

If you've received a § 101 rejection — or you're planning to file in an area like AI, fintech, or biotech diagnostics — now is the time to act.

✅ Schedule a free consultation with Patent 360.
📧 Email: contactus@patent360.us
📞 Phone: +1 (949) 418-7674

Patent smarter. File faster. Win stronger.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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