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United States Patent and Trademark Office › Patent Ownership

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 -
ArentFox Schiff

A Patent ‘Tax’? Key Implications for Patent Holders

ArentFox Schiff on

The US Department of Commerce is reportedly considering a significant overhaul of the current patent maintenance fee structure, proposing a shift from the established flat-fee system to an annual, value-based tax on patents....more

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

What Should the USPTO Consider Changing for Implementing Post-Final Written Decision Estoppel in Ex Parte Reexamination Based on...

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

The estoppel provision of 35 U.S.C. § 315(e)(1) had largely prevented requesters from challenging claims of a patent via ex parte reexamination after an inter partes review (IPR) that resulted in a final written decision...more

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

Rise of Obviousness Double Patenting SNQs and Rejections in Reexaminations Challenging Expired Patents

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

Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together during sale. Historically,...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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

McDermott Will & Emery

Looks like estoppel, sounds like estoppel … but it’s just director discretion

McDermott Will & Emery on

The acting director of the US Patent & Trademark Office (PTO) granted a patent owner’s request for discretionary denial and denied institution of an inter partes review (IPR) proceeding, finding that the petitioner engaged in...more

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

Latest Director Discretionary Denial Decision in iRhythm Provides Valuable Insights

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

On June 6, 2025, Acting USPTO Director Stewart issued a decision in iRhythm Tech. v. Welch Allyn, Inc., IPR2025-00363, Paper 10 (and four related IPRs), which granted Patent Owner’s request for discretionary denial. This is...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Revives CRISPR-Cas9 Patent Priority Dispute

Wilson Sonsini Goodrich & Rosati on

The CRISPR-Cas9 patent landscape remains complex and unsettled. The Federal Circuit’s latest decision in University of California v. Broad Institute1 revived the high-stakes dispute between UC2 and Broad3 over foundational...more

BakerHostetler

US Patents Set to Issue 33 Percent Faster from the Notification Date

BakerHostetler on

Starting May 13, the U.S. Patent and Trademark Office (USPTO) will accelerate the time between issue notification and the issue date of a patent. That is, the time frame will be cut from about three weeks to two weeks –...more

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

Recent Updates at the U.S. Patent Trial and Appeal Board

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

Recent changes at the U.S. Patent Trial and Appeal Board (PTAB) have brought uncertainty to inter partes review and post-grant review practitioners before the U.S. Patent and Trademark Office (PTO). These procedural and...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

McDermott Will & Emery

A Patent Without a Pulse: Provisional Rights Don’t Outlive the Patent

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal from a patent applicant seeking provisional rights on a patent that would issue only after it had already expired, finding that the applicant lacked the...more

Jones Day

Blurring the Line Between the Dry and Wet Lab: Joint Inventorship in AI-Assisted Life Science Inventions

Jones Day on

In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in...more

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

Does Your Office Post-Grant Strategy Account for the Rise of Serial Challenges Flowing From the PTAB to the CRU?

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

After eight weeks of shifts in governmental policies, the patent bar is feeling repercussions from all directions. One critical area in flux is the post-grant challenge arena. With a reduced PTAB head count and a steady...more

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

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

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

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

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

Does Trademark Law Protect “Bad Will”?

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

On March 21, 2025, I participated in a spirited panel at the annual IP symposium hosted by the Penn Intellectual Property Group (PIPG) at the University of Pennsylvania Carey Law School. Titled “How Far Should Trademark...more

Fish & Richardson

EPRx 101: Getting to Know Ex Parte Reexamination

Fish & Richardson on

Ex parte reexamination (EPRx) is a powerful tool that allows any party — including the patent owner — to request that the United States Patent and Trademark Office (USPTO) reassess the validity of an issued patent based on...more

Ward and Smith, P.A.

First-to-File: A Game-Changer in US Patent Law

Ward and Smith, P.A. on

The United States patent system underwent a significant change with the enactment of the First-Inventor-to-File (FITF) provision of the America Invents Act, which became effective on March 16, 2013. The FITF provision...more

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

Reexamination of Expired Patents

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

Takeaways - - Expired patents may be eligible for reexamination. - Owner’s options during reexamination of an expired patent are severely limited. Similar to reexamination practice, which has long allowed reexamination...more

MoFo Life Sciences

Navigating Inventorship in the Era of AI-Assisted Drug Discovery

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Volpe Koenig

[CLE Webinar] Correcting Patents: A Comprehensive Overview - March 6th, 1:00 pm - 2:00 pm EST

Volpe Koenig on

Join Volpe Koenig for a webinar focused on various methods available for correcting patents after they have already issued. This session will explore the key processes and best practices related to correcting patents,...more

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

2024 PTAB Year in Review: Analysis & Trends – 2024 PTAB Case Highlights

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

Abuse of Process and/or Sanctions – 37 C.F.R. § 42.12 - Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857 & IPR2021-00860 - Decision...more

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

2024 PTAB Year in Review: Analysis & Trends

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

The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key...more

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

2024 Design Patents Year in Review: Analysis & Trends - Design Patents at the PTAB: 2024 in Review

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

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more

Troutman Pepper Locke

Budding Lessons From Landmark Plant Seed Patent Battle

Troutman Pepper Locke on

The landmark legal battle over who owns the intellectual property rights in genetically modified plants is heating up. Originally published in Law360 - October 23, 2024....more

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