News & Analysis as of

Intellectual Property Protection Proposed Rules United States Patent and Trademark Office

Fox Rothschild LLP

Report: U.S. Commerce Department Weighs New Patent Fee

Fox Rothschild LLP on

U.S. Commerce Department officials are considering whether to charge patent holders a new 1% to 5% patent fee that would be based on "overall patent value," The Wall Street Journal reported on July 28, 2025. There are no...more

McDermott Will & Emery

Guiding the Fight Against Fakes: PTO Opens Public Comment Period

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) issued a notice inviting feedback from intellectual property rights holders and online marketplaces regarding proposed voluntary guidelines aimed at curbing the sale of counterfeit goods...more

Jones Day

PTAB Announces a Bifurcated Process for Consideration of IPR and PGR Petitions

Jones Day on

A new interim process for the acting director to exercise discretion as to whether to institute an inter partes review ("IPR") or a post-grant review ("PGR") was announced on March 26, 2025, in which discretionary...more

Womble Bond Dickinson

USPTO’s Proposed Terminal Disclaimer Practice: What Happened and What Comes Next?

Womble Bond Dickinson on

On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that...more

Dinsmore & Shohl LLP

Christmas Came Early – USPTO Withdraws Proposed Rule on Terminal Disclaimers

Dinsmore & Shohl LLP on

Patent owners with robust continuation filing strategies can breathe a sigh of relief as the United States Patent and Trademark Office (“USPTO”) has withdrawn a proposed rule, which would have weakened patents linked to one...more

Perkins Coie

The New Administration’s Impact on Retailers

Perkins Coie on

With a new administration reshaping the political landscape, retailers are preparing for policy shifts that may greatly influence their operations. In this Update, we explore the potential changes and challenges on the...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Strafford

[Webinar] Obviousness-Type Double Patenting and USPTO Proposed Rules for Terminal Disclaimers - Recent Court Treatment,...

Strafford on

This CLE webinar will guide patent counsel on obviousness-type double patenting (ODP), including the recent decisions that have relied on Cellect. The panel will also discuss the USPTO's proposed terminal disclaimer rule and...more

Erise IP

Eye on IPRs, May 2024: Lululemon Earns Partial IPR Win Against Nike; USPTO Issues Proposed IPR Rules

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: PTAB issues initial decisions on Lululemon-Nike IPRs - Lululemon, whose...more

Kilpatrick

Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice

Kilpatrick on

The USPTO recently proposed a major change to terminal disclaimer practice, which can have huge potential impacts. Watch our Legal Alert for more on how to navigate this proposed rule change. * The opinions expressed are...more

Jones Day

USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement

Jones Day on

On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder feedback responsive to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Publishes Long-awaited Notice of Proposed Rulemaking with Updates to PTAB Practice and Procedure

On April 19, 2024, the USPTO published a long-awaited Notice of Proposed Rulemaking (NPRM) that followed its April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposed rules package, Patent Trial and Appeal Board...more

Jones Day

PTAB Proposes Permanent MTA Pilot Program Rules

Jones Day on

On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”) Practice and Procedures...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

McDermott Will & Emery

PTO Proposes Rules Promoting Independence in Board Decision-Making

McDermott Will & Emery on

Seeking to bolster the independence of administrative patent judge (APJ) panels when issuing decisions and increase transparency regarding Patent Trial & Appeal Board processes, the US Patent & Trademark Office (PTO) issued a...more

Holland & Knight LLP

Beware of Suspicious Trademark Solicitations

Holland & Knight LLP on

Over the past few years, the U.S. Patent and Trademark Office (USPTO) has experienced an uptick in filings of trademark applications from entities outside the United States, especially from China, that do not appear to have a...more

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