News & Analysis as of

Intellectual Property Protection Regulatory Reform United States Patent and Trademark Office

Vorys, Sater, Seymour and Pease LLP

New Settled Expectations Policy at the PTAB Augurs Major Practice Changes

In a startling development, Acting Director of the USPTO Coke Morgan Stewart has denied institution of an inter partes review (IPR) on the basis of “settled expectations,” on the sole ground that the subject patent had been...more

Quarles & Brady LLP

USPTO Expediting Design Patent Issuances and De-Expediting Design Examination

Quarles & Brady LLP on

Starting May 13, 2025, the USPTO has begun accelerating the issuance of patents after the issue fee has been paid. Specifically, the duration between the Issue Notification and the Issue Date will be reduced to approximately...more

Seyfarth Shaw LLP

The USPTO Is Issuing Patents Faster — Here’s Why That Matters

Seyfarth Shaw LLP on

Beginning May 13, 2025, the window between paying the issue fee and your patent officially issuing will become much shorter....more

McDermott Will & Emery

PTO Accelerates Patent Issuance Timeline

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) announced that it has shortened the time between the issue notification and the issue date for patents. Historically, the time between these two events averaged about three weeks....more

Dinsmore & Shohl LLP

USPTO Moves to Expedite Patent Issuance

Dinsmore & Shohl LLP on

The USPTO recently announced that they would expedite patent issuance by reducing the time between Issue Notification and Issue Date. Effective May 13, 2025, patents will now issue approximately two weeks after receiving the...more

Lowenstein Sandler LLP

USPTO Announces Accelerated Patent Issuance Timeline

Lowenstein Sandler LLP on

Summary: The United States Patent and Trademark Office (USPTO) has accelerated the patent issuance timeline due to modernization efforts, which include publishing electronic patent grants (eGrants) via the USPTO’s Patent...more

Ballard Spahr LLP

USPTO Procedure Adds New Hurdle to PTAB Trial Institution

Ballard Spahr LLP on

On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced changes to the Patent Trial and Appeal Board (PTAB) trial institution process, creating a new bifurcated approach to institution decisions....more

Foley & Lardner LLP

Delaying Examination of Continuing Applications Could Sabotage USPTO Goals

Foley & Lardner LLP on

Rumor has it that one of many behind-the-scenes changes being implemented at the USPTO relates to how (or when) continuing applications are taken up for examination. Typically, an examiner may give priority to a continuing...more

Dinsmore & Shohl LLP

New Executive Orders Signal Shift in U.S. Artificial Intelligence and Science Policy

Dinsmore & Shohl LLP on

In January 2025, President Donald Trump issued two executive orders that mark a significant change in the federal government's approach to artificial intelligence, science and technology policy. These orders establish new...more

Baker Botts L.L.P.

Intellectual Property Report February 2025

Baker Botts L.L.P. on

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more

Polsinelli

USPTO Announces New Artificial Intelligence Strategy

Polsinelli on

Synopsis: On January 14, 2025, the USPTO unveiled a new Artificial Intelligence (AI) Strategy, which outlines responsible implementation of AI within the agency and more generally across the intellectual property (IP)...more

Jenner & Block

PREVAIL Act Advances to the Senate: Potential Implications for Patent Challenges

Jenner & Block on

On November 21, 2024, the Senate Judiciary Committee voted by a narrow 11–10 margin to advance the PREVAIL Act to the Senate for consideration. The PREVAIL Act, or the Promoting and Respecting Economically Vital American...more

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

2024 Design Patents Year in Review: Analysis & Trends - Global Shifts in Design Law and Policy

2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant...more

Womble Bond Dickinson

USPTO Announces New Effort to Promote AI and Emerging Technologies

Womble Bond Dickinson on

The U.S. Patent and Trademark Office (USPTO) recently announced an official Artificial Intelligence Strategy that outlines how the Office plans to address the promise and challenges of artificial intelligence (AI) in its...more

Jones Day

PREVAIL Act Passes Committee

Jones Day on

The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21, 2024. In...more

Quarles & Brady LLP

Patent Fee Changes at the USPTO: What You Need to Know

Quarles & Brady LLP on

The United States Patent and Trademark Office (USPTO) has issued a final rule substantially adjusting patent fees. The new fee structure will take effect on January 19, 2025....more

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

Mayer Brown on

As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...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

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

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

MarkIt to Market® - October 2023: Sign(ing) of the Times: Complying with USPTO Signature Requirements

How many times a day on average do you think you sign something? Do you sign your full name, your initials, a version of your name, an “X” or some other identifier? Do you “wet sign” with a pen? Do you use an “s” signature,...more

Knobbe Martens

PREVAIL Act Proposes Significant Changes PTAB Proceedings

Knobbe Martens on

IP rights can be vital to the success of medical device companies.  Significant legislative changes governing some of these rights may be on the horizon.  Senators Coons (Delaware), Durbin (Illinois), Hirono (Hawaii), and...more

WilmerHale

Why US Should Help European Efforts to Fix SEP Licensing

WilmerHale on

The U.S. Patent Office, the National Institute of Standards and the International Trade Administration are all currently seeking input to establish U.S. policy on foreign standard-essential patent licensing regulatory regimes...more

Jones Day

Legislation: Will the Post-Grant Procedures Established by the AIA PREVAIL?

Jones Day on

The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”). First introduced by a...more

Jones Day

Legislation: PTAB Reform Act of 2022 (UPDATED)

Jones Day on

Since the passage of the America Invents Act in 2012, both petitioners and patent owners have expressed concerns regarding the procedures and practices of the Patent Trial and Appeal Board (PTAB). In an effort to respond to...more

Jones Day

Leahy-Corbin Proposals for “Restoring the America Invents Act”

Jones Day on

We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut.  This proposed...more

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