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United States Patent and Trademark Office › 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 -
McDonnell Boehnen Hulbert & Berghoff LLP

Death and Taxes Should not be Certainties for the Patent System

McDonnell Boehnen Hulbert & Berghoff LLP on

The Department of Commerce has floated a proposal to tax U.S. patent holdings as a means of reducing the national debt, as outlined in a recent Wall Street Journal article. It is a bad idea that reflects a troubling...more

McDonnell Boehnen Hulbert & Berghoff LLP

The DOJ and PTO’s trial balloon on patent injunctions

McDonnell Boehnen Hulbert & Berghoff LLP on

Almost two decades ago the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing...more

Knobbe Martens

Results of The Deferred Subject Matter Eligibility Response Pilot Program

Knobbe Martens on

On June 18, 2025, the United States Patent and Trademark Office (USPTO) hosted an informational call to share the results of a study on the Deferred Subject Matter Eligibility (DSMER) Pilot Program, three years after its...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

Proskauer - The Patent Playbook

Impact of the Leadership in Critical Technologies Act on U.S. Artificial Intelligence, Semiconductors and Quantum Computing

Proskauer - The Patent Playbook on

On the heels of the recent reintroduction of the PERA and PREVAIL Acts of 2025, a bipartisan group of lawmakers in Congress has introduced the Leadership in Critical and Emerging Technologies (“CET”) Act. The goal of the...more

WilmerHale

PTAB/USPTO Update - May 2025

WilmerHale on

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

WilmerHale

PTAB/USPTO Update - April 2025

WilmerHale on

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

Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Benesch

AI Reporter - April 2025

Benesch on

There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the...more

Knobbe Martens

Renewed Efforts in Congress for Pharmaceutical Patent Reform

Knobbe Martens on

With the recent convocation of the 119th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington. Prior to this political...more

Jones Day

PREVAIL Act Passes Committee

Jones Day on

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

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2024

Holland & Knight LLP on

It's that time of the year again – the time to snuggle up by the fire, put on Dominick the Donkey and read this year's Top Section 101 Patent Eligibility Stories. But first, the holiday movies and where they're streaming ...more

WilmerHale

PTAB/USPTO Update - December 2024

WilmerHale on

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

Knobbe Martens

Patent Eligibility Reform Introduced in the U.S. House of Representatives

Knobbe Martens on

Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC)...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...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

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

Jenner & Block on

Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...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

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

2023 ITC Section 337 Year in Review: Analysis & Trends: Rule and Procedural Developments at the ITC in 2023

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

2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more

Foley & Lardner LLP

Which Significant USPTO Fee Increases Might We See in 2025?

Foley & Lardner LLP on

If the U.S. Patent and Trademark Office (USPTO) is going to implement fee changes in January 2025, we should see a Federal Register Notice detailing the proposed fees soon. The USPTO started this round of fee-setting in April...more

Wilson Sonsini Goodrich & Rosati

Bipartisan Legislation Seeks to Clarify Which Inventions Are Patent Eligible

Wilson Sonsini Goodrich & Rosati on

The U.S. patent system is based upon a quid pro quo balance that incentivizes innovation via a time-limited patent exclusivity, while encouraging the dissemination of new ideas for public benefit and use upon expiration of...more

Foley & Lardner LLP

Testifying on the Patent Eligibility Restoration Act

Foley & Lardner LLP on

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

Knobbe Martens on

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

WilmerHale on

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

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