News & Analysis as of

United States Patent and Trademark Office › European Patent Office

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Miller Canfield

EPO to Accept Color Drawings in Patent Filings

Miller Canfield on

Beginning in October 2025, the European Patent Office (EPO) will accept patent drawings in color or grayscale when filed electronically. By allowing more detailed and visually accurate representations, this change enhances...more

DarrowEverett LLP

AI Created It—But Do You Own It? IP Issues Explained

DarrowEverett LLP on

As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The legal...more

Foley Hoag LLP

The Enlarged Board of Appeal of the EPO Further Aligns Claim Construction With U.S. and U.K.

Foley Hoag LLP on

Key Takeaways: - The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO. - The...more

Mintz - Intellectual Property Viewpoints

USPTO Takes a Hint from European Practice in Addressing Late Continuation Concerns

Mintz - Intellectual Property Viewpoints on

As expected, the United States Patent and Trademark Office (USPTO) is raising its fees this year, effective January 19, 2025. However, the USPTO is doing something a little unusual this time—they’re raising the cost of filing...more

Foley & Lardner LLP

European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

Foley & Lardner LLP on

As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies,...more

McDermott Will & Schulte

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Schulte on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

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

AI Inventorship: Navigating Patent Rights Around the Globe

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

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

Paul Hastings LLP on

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

Akin Gump Strauss Hauer & Feld LLP

USPTO and UKIPO Announce Collaboration Effort on Standard Essential Patent Policies

Akin Gump Strauss Hauer & Feld LLP on

The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two...more

Knobbe Martens

Federal Circuit Review | December 2023

Knobbe Martens on

December 2023 Federal Circuit Newsletter (Japanese) - Intel Wrongly Denied Opportunity to Litigate License Defense that Could Unwind $2.1 Billion Judgment - In Vlsi Technology LLC v. Intel Corporation, Appeal No....more

Mayer Brown

Can AI Be An Inventor? The US, UK, EPO and German Approach

Mayer Brown on

On 20 December 2023, the UK Supreme Court unanimously held that UK patent legislation does not permit an AI system to be named as the "inventor" in a patent application. In doing so, the UK Supreme Court reaffirmed earlier...more

Foley & Lardner LLP

Time Is Running Out For The EPO’s 10-Day Rule

Foley & Lardner LLP on

Stakeholders accustomed to having “ten more days” to respond to a communication from the European Patent Office will have to update their calendaring systems for documents dated on or after November 1, 2023. This is because...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Practical Masterclass in Patenting AI at the EPO and USPTO - October 11th, 1:00 pm - 2:15 pm EDT

Rothwell, Figg, Ernst & Manbeck, P.C. on

Partners Martin Zoltick ("Marty") and Brian Rosenbloom will be panelists on the "Practical Masterclass in Patenting AI at the EPO and USPTO", co-organized with Haseltine Lake Kempner LLP (HLK), a global intellectual property...more

MoFo Life Sciences

Recent Updates On Use Of Post-Filing Data As Evidence To Support Patentability

MoFo Life Sciences on

In a “first to file” patent system as exists in the United States and in most countries throughout the world, timing of when to file a patent application is critically important but must be balanced by patentability...more

BakerHostetler

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

BakerHostetler on

​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark...more

Hahn Loeser & Parks LLP

Russia, Ukraine and Patents

Hahn Loeser & Parks LLP on

Continuing hostilities by the Russian Federation in Ukraine have garnered a number of responses from countries around the world. These include responses from patent offices, including the United States Patent and Trademark...more

Fox Rothschild LLP

How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

Fox Rothschild LLP on

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more

Kilpatrick

Navigating Key Differences in Therapeutic Antibody Patent Protection Strategies Between the United States and Europe

Kilpatrick on

Many of today’s top-selling drugs worldwide are therapeutic antibodies thus antibody-related inventions can be extremely valuable. Developing antibody therapeutics requires significant resources and time, so it is paramount...more

Kilpatrick

Late But Not Too Late | Submitting Post-Filing Data During Patent Prosecution in Selected Jurisdictions

Kilpatrick on

Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the...more

Kilpatrick

The Time is Now: Opportunities to Advise the E.D. Va. or EPO as to Whether to Prohibit, Permit, or Require Listing an AI Algorithm...

Kilpatrick on

Dr. Stephen Thaler created an artificial-intelligence algorithm – named Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) – that includes multiple neural networks (each trained in a given linguistic...more

Kilpatrick

Should We Require Human Inventorship? Submit Your Amicus Brief by March

Kilpatrick on

A variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel biological targets and...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Substantive Motion No. 3 (for Improper Inventorship) and Broad Opposes

McDonnell Boehnen Hulbert & Berghoff LLP on

Last fall the Patent Trial and Appeal Board, in Interference no. 106,115, granted leave to Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") to file...more

White & Case LLP

USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial...

White & Case LLP on

White & Case Technology Newsflash - As artificial intelligence (AI) evolves, it becomes imperative to examine whether the current intellectual property (IP) legal frameworks, in the US and abroad, are adequate to address...more

Downs Rachlin Martin PLLC

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

Downs Rachlin Martin PLLC on

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer....more

McDonnell Boehnen Hulbert & Berghoff LLP

"Creativity Machine" Cannot Be Named As Inventor

McDonnell Boehnen Hulbert & Berghoff LLP on

In a Decision on Petition issued in April, and signed by Deputy Commissioner for Patent Examination Policy Robert W. Bahr, the U.S. Patent and Trademark Office refused to vacate a Notice to File Missing Parts of...more

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