News & Analysis as of

United States Patent and Trademark Office Patent Trial and Appeal Board Proposed Legislation

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 -
WilmerHale

PTAB/USPTO Update - August 2025

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On July 31, 2025, Acting Under Secretary of Commerce for Intellectual Property and Director of the USPTO Coke Morgan Stewart issued a memorandum indicating that the USPTO “will enforce and no longer waive the requirement of...more

Fish & Richardson

The PREVAIL Act Is Back. Will It Prevail This Time?

Fish & Richardson on

On May 1, 2025, Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI) reintroduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. The...more

Fish & Richardson

Navigating Change at the USPTO

Fish & Richardson on

While it may seem like the only constant at the United States Patent and Trademark Office (USPTO) is change, that sentiment rings especially true in 2025. With a new presidential administration in the White House and numerous...more

WilmerHale

PTAB/USPTO Update - May 2025

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Welcome to Wilmer Hale's PTAB/USPTO Update for May 2025....more

WilmerHale

PTAB/USPTO Update - April 2025

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On March 10, John Squires was officially nominated to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office....more

Jones Day

PREVAIL Act Passes Committee

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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

WilmerHale

PTAB/USPTO Update - December 2024

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On November 12, USPTO Director Kathi Vidal announced in a post on LinkedIn and a letter to friends and colleagues that she would be stepping down the second week in December. Deputy Director Derrick Brent will take over until...more

WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

WilmerHale

PTAB/USPTO Update - June 2024

WilmerHale on

Patent and Trademark Public Advisory Committees, 89 FR 44634 (May 21, 2024) (“seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy,...more

Foley & Lardner LLP

Testifying on the Patent Eligibility Restoration Act

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When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but...more

Knobbe Martens

PREVAIL Act Proposes Significant Changes PTAB Proceedings

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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

PTAB/USPTO Update - October 2023

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Patent Center is slated to fully replace the legacy EFS-Web system and Private Patent Application Information Retrieval (Private PAIR) tool on November 8, 2023. The USPTO continues to host virtual training events to help...more

Haug Partners LLP

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

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I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.  From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more

Farella Braun + Martel LLP

What Patent Bills Would Mean for Infringement Litigation

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Jones Day

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

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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

WilmerHale

PTAB/USPTO Update - August 2023

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USPTO News - On July 11, the USPTO Office of the Chief Economist released the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset....more

Farella Braun + Martel LLP

Takeaways From the Proposed PREVAIL Act

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Promoting and Respecting Economically Vital American Innovation...more

WilmerHale

PTAB/USPTO Update - July 2023

WilmerHale on

On June 7, the USPTO released its 2022-2026 Strategic Plan. According to the USPTO, the new plan outlines the USPTO's mission-focused strategic goals, which are: (1) driving inclusive U.S. innovation and global...more

WilmerHale

PTAB/USPTO Update - July 2022

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USPTO Leadership - ..In June, USPTO Director Kathi Vidal delivered official remarks at the 2022 Bench & Bar Conference, a PTAB Pro Bono Fireside Chat, the 2022 SelectUSA Investment Summit, and the AI/ET Partnership Series...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

WilmerHale

PTAB/USPTO Update - April 2022

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USPTO Leadership - Drew Hirshfeld is still performing the functions and duties of Director. President Biden nominated Kathi Vidal to be the next Director....more

Jones Day

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

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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

WilmerHale

PTAB/USPTO Update - October 2021

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USPTO News - On September 9, 2021, Senators Patrick Leahy and Thom Tillis wrote a letter to Acting Director Andrew Hirshfeld requesting that the USPTO “take steps to reduce patent applicants’ making inappropriate...more

WilmerHale

PTAB/USPTO Update - August 2021

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

WilmerHale

PTAB/USPTO Update - July 2021

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USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

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