News & Analysis as of

United States Patent and Trademark Office Patents Patent Examinations

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 -
Bennett Jones LLP

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO’s Green Program Means for Agri-Tech

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The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green...more

WilmerHale

PTAB/USPTO Update - September 2025

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On August 28, President Trump nullified via executive order the USPTO’s December 2024 Collective Bargaining Agreement (CBA), which covers approximately 9,000 patent examiners and other professionals at the USPTO....more

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

Loeb & Loeb LLP

White House Executive Order Disbands Patent Examiners’ Union

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On Thursday, August 28, 2025, the President of the United States issued an Executive Order which effectively disbanded the union representing patent examiners (POPA). As a justification, the Order stated patent examiners are...more

Baker Botts L.L.P.

Patent Application Prosecution Timeline: What Startup Leaders Need to Know

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For startup founders and CTOs navigating the patent landscape, understanding the prosecution timeline is essential for strategic planning and resource allocation. After filing your patent application with the USPTO, the...more

Morgan Lewis

USPTO Memo Clarifies AI/ML Patent Eligibility Rules

Morgan Lewis on

Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more

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

IP Hot Topic: The USPTO Publishes Reminders to Examiners on Evaluating Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) issued a memorandum on August 4, 2025, to provide reminders to Examiners in software-related arts, including artificial intelligence (AI) and machine learning, regarding...more

ArentFox Schiff

Mission Scrubbed – USPTO Grounds “Rocket Docket”

ArentFox Schiff on

Effective April 17, the US Patent and Trademark Office (USPTO) suspended the expedited examination process for design patent applications under 37 CFR 1.155, commonly referred to as the “Rocket Docket.”...more

Foley & Lardner LLP

USPTO Clarifies Eligibility Examination Standards for Software Innovations

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On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) released a new memorandum to patent examiners in Technology Centers 2100, 2600, and 3600, providing targeted reminders on evaluating subject matter eligibility...more

MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

MoFo Tech on

The USPTO has issued an internal memorandum that may make it easier to patent software, in particular AI-related software inventions. In recent years, the USPTO has found certain software inventions to be patent-ineligible...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

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"

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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

MoFo Life Sciences

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

MoFo Life Sciences on

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

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

MoFo Life Sciences

USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

MoFo Life Sciences on

On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The...more

Quarles & Brady LLP

USPTO Expediting Design Patent Issuances and De-Expediting Design Examination

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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

Womble Bond Dickinson

USPTO Announces Changes to Patent Issue Timelines and Design Application Examinations

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This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts...more

Weintraub Tobin

The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season

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Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a...more

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

New Information Disclosure Statement Fees Apply to Reexamination and Reissue

According to recent U.S. Patent and Trademark Office (Office) data, the Office receives a burdensome number (13%) of information disclosure statements (IDSs) having in excess of 50 total items of information. 89 Fed. Reg....more

Lathrop GPM

USPTO Announces Patent Fee Hikes for 2025

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The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost....more

Seyfarth Shaw LLP

A Vegetarian’s Thanksgiving: How a Patent and a Restriction Requirement Highlight Inclusivity

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Thanksgiving is a time for family, gratitude, and—let’s be honest—lots of food. But for vegetarians, it can feel more like a minefield of side dishes. While others enjoy the turkey, vegetarians are often left piecing together...more

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

Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – November/December 2024

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

Kilpatrick

5 Key Takeaways | Alice at 10: A Section 101 Update

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It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the...more

Quarles & Brady LLP

Recent Examination Manual Update Includes Guidance on Protection of Computer-Generated Designs

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The Manual of Patent Examining Procedure (“MPEP”) is the examination manual used internally at the United States Patent & Trademark Office (“USPTO”) to guide examiners in the process of examining patent applications. In...more

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