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Patents Patent Applications

ArentFox Schiff

USPTO to Launch AI-Powered Image-Based Search Tool for Design Patents Amidst New Legal Standards

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The US Patent and Trademark Office (USPTO) has announced the upcoming launch of an artificial intelligence (AI)-powered image-based prior-art search tool for design patents, scheduled to go live on October 1, 2025 (fiscal...more

Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

Morgan Lewis

A New Line Drawn: Federal Circuit Applies Prosecution History Disclaimer to Design Patents

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The US Court of Appeals for the Federal Circuit recently issued a decision that held for the first time that principles of prosecution history disclaimer apply to design patents, aligning design patent law more closely with...more

Proskauer - The Patent Playbook

PTO Creates New Expectations Regarding Discretionary Denials

On the heels of the U.S. Patent and Trademark Office Acting Director’s recent decision to deny institution of iRhythm Technologies’ inter partes review petition, the PTO has now issued additional decisions clarifying the role...more

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

Stikeman Elliott LLP on

Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

Quarles & Brady LLP

AI Search Tool Coming to Design Patent Examination

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The U.S. Patent and Trademark Office (USPTO) has announced the rollout of DesignVision, an advanced AI‑powered image search tool now integrated into the examination system for U.S. design patent applications. According to the...more

Offit Kurman

Patents and the FDA: Four Critical Considerations Medical Device Companies Must Know to Successfully Introduce New Products into...

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The intersection of patent strategy and FDA regulatory strategy is a critical consideration for medical device companies. A well-integrated approach can create powerful barriers to entry, strengthen intellectual property (IP)...more

Mintz - Intellectual Property Viewpoints

Is Your Enantiomer Possessed? Patenting of Enantiomers – Does Written Description Require More Than Actual Possession?

It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are...more

DLA Piper

Purdue Appeals Federal Circuit Obviousness Decision to the Supreme Court

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Purdue Pharma (Purdue) has filed a petition for a writ of certiorari challenging a recent Federal Circuit decision upholding the invalidation of several Purdue patents on grounds of obviousness....more

Jackson Walker

Perceptix v. Meta Platforms – A Headphone Patent Lawsuit Without a Sound Basis

Jackson Walker on

On June 30, 2025, Perceptix filed suit against Meta Platforms for infringement of U.S. Patent 8,498,439, which describes a headphone that turns on when it is worn. The ‘439 Patent is assigned to the Electronics and...more

Lathrop GPM

Track One Expansion: A Strategic Opportunity Amid USPTO Delays

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Following on our February 2025 alert regarding operational delays at the U.S. Patent and Trademark Office (USPTO), we are pleased to share that the USPTO has expanded the annual cap for Track One Prioritized Examination...more

A&O Shearman

The Federal Circuit Rejects PTAB’s Use Of Traditional Construction Of “Consisting Essentially Of”

A&O Shearman on

On June 30, 2025, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the U.S. Patent Trial and Appeal Board (the “Board”) and remanded the case for further proceedings using a narrower construction of the...more

ArentFox Schiff

USPTO Raises Annual Cap on Prioritized Patent Examination Requests

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This...more

Saul Ewing LLP

USPTO Increases Annual Limit for Prioritized Patent Examination Program: "Track One"

Saul Ewing LLP on

On July 7, 2025, the United States Patent and Trademark Office (“USPTO”) announced that, starting July 8, 2025, the Office will be increasing the number of prioritized patent examination requests that may be accepted from...more

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

The Evolution of “New” in the “Substantial New Question” Standard in Patent Reexamination

As the Patent Trial and Appeal Board and the Acting USPTO Director refocus challengers, and with them Patent Owners, towards reexamination from inter partes review proceedings, the need to understand the nuance of “new” in...more

MoFo Life Sciences

Need to FAST Track Your Patent? The USPTO increases the Annual Limit to 20,000

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Effective July 8, 2025, the U.S. Patent and Trademark Office (USPTO) expanded the availability of prioritized examination, increasing the limit on the number of requests from 15,000 to 20,000 in a fiscal year. The 20,000...more

MoFo Life Sciences

What Makes a Good Cell and Gene Therapy Application?

MoFo Life Sciences on

Cell and gene therapies represent a transformative frontier in modern medicine, offering potential cures for previously untreatable conditions. However, securing intellectual property (IP) protection for these innovations...more

Jones Day

Acting Director Denies IPR Institution Based on “Settled Expectations”

Jones Day on

Under a new U.S. Patent and Trademark Office (“USPTO”) policy issued in March 2025, pre-institution inter partes review (“IPR”) proceedings are now bifurcated, consisting of a first phase in which the director considers...more

MoFo Life Sciences

A Tip for Improving Your “Improved” Jepson Claim: Include Written Description Support

MoFo Life Sciences on

The Federal Circuit issued a precedential opinion in In re: Xencor, Inc.concerning written support for Jepson claims. The decision affirms the decision of the Appeals Review Panel (ARP) of the USPTO, which held that the...more

Baker Botts L.L.P.

Patent Obviousness in the AI Era

Baker Botts L.L.P. on

The proliferation of artificial intelligence (“AI”) presents complex challenges for intellectual property, especially within patent law. In particular, the obviousness inquiry under 35 U.S.C. § 103 may be susceptible to...more

WilmerHale

PTAB/USPTO Update - July 2025

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On June 12, the nominee for USPTO Director John Squires was voted out of the Senate Judiciary Committee by a vote of 20-2.  His nomination has been placed on the Senate’s Executive Calendar and will proceed to a floor vote....more

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

Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – June 2025

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the...more

Offit Kurman

When to Patent: Common Mistakes Business Leaders Make

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Suppose a newly hired engineer on your team sketches a promising new concept for a health monitor in a notebook. Excited by the idea, you loop in marketing, and soon, your company is promoting the product’s features through...more

Womble Bond Dickinson

USPTO Newest Discretionary Denials on Settled Expectations - Best Practices for Petitioners and Patent Owners

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Recently, the United States Patent and Trademark Office (“USPTO”) issued a series of discretionary denials of inter partes review (IPR) petitions, based on a new factor, the “settled expectations” of the Patent Owner....more

Troutman Pepper Locke

Patent Litigation Filings May Rise as GDP Falls for First Time in Three Years: Key Insights for Plaintiffs and Defendants

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While there’s no definitive consensus, economists are closely monitoring the possibility of entering a recession this year. Economists agree a recession is not imminent, but caution the odds of facing a recession are higher...more

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