News & Analysis as of

United States Patent and Trademark Office U.S. Commerce Department

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

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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

Fox Rothschild LLP

Report: U.S. Commerce Department Weighs New Patent Fee

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U.S. Commerce Department officials are considering whether to charge patent holders a new 1% to 5% patent fee that would be based on "overall patent value," The Wall Street Journal reported on July 28, 2025. There are no...more

WilmerHale

USPTO Issues Memo on Interim Process for PTAB Discretionary Denial Evaluation

WilmerHale on

On March 26, 2025, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Coke Morgan Stewart issued a memorandum that makes several significant...more

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

Filings Up, Pendency Down – USPTO 2024 Year in Review (& Early Thoughts for 2025)

With 2024 now in the rearview mirror, it’s a great time to take a look at the past year’s U.S. trademark prosecution and examination numbers – and consider where the U.S. Patent and Trademark Office (“USPTO”) may be heading...more

Ropes & Gray LLP

Expected Changes to IP Policy under the Second Trump Administration

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Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more

WilmerHale

AI-Powered Medical Devices Bring Patent and Regulatory Pitfalls

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Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for...more

Fox Rothschild LLP

USPTO’s Guidance on AI-Based Tools

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Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before the USPTO. As...more

Faegre Drinker Biddle & Reath LLP

Race Against the Clock: Federal Agencies Issue Their Six-Month Updates on AI Activities in Accordance With President Biden’s...

Since President Biden issued his sweeping Executive Order on the Safe, Secure and Trustworthy Development of AI on October 30 of last year (EO), federal agencies have been operating in high gear to meet the deadlines and...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – February 2024

In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: January 2024

The Department of Commerce and the National Institute of Standards and Technology are requesting comments on a “draft guidance framework designed to help federal agencies evaluate when it may be appropriate to exercise...more

Cooley LLP

Biden Administration Issues Sweeping AI Executive Order

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On October 30, 2023, the Biden administration issued a long-awaited executive order (EO) on artificial intelligence (AI). The EO expands on previous AI initiatives, such as the Blueprint for an AI Bill of Rights, and lays out...more

Jones Day

Draft Principles on Advanced Artificial Intelligence Signal Increased Efforts Toward Global Cooperation

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The United States Patent and Trademark Office, along with the U.S. Departments of State and Commerce, sought initial public comment last week on draft guidelines entitled "International Guiding Principles for Organizations...more

Dorsey & Whitney LLP

Congress, President Align on Powerful New U.S. Intellectual Property Protection Law

Dorsey & Whitney LLP on

On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more

Foley & Lardner LLP

Do We Need a Small Claims Court for Patent Disputes?

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On May 3, 2022, the Administrative Conference of the United States (“ACUS”) announced that the United States Patent and Trademark Office (“USPTO”) had engaged ACUS to conduct an independent study into the issues associated...more

Fox Rothschild LLP

USPTO Seeks To Register Its Own Marks

Fox Rothschild LLP on

Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before. But then I received a link to the Director’s...more

Fitch, Even, Tabin & Flannery LLP

U.S. Department of Commerce Files Federal Trademark Registrations to Combat Scams Against Trademark Applicants

On August 4, 2021, the U.S. Department of Commerce filed applications to register several USPTO trademarks. The applications are part of ongoing efforts by the USPTO to combat frauds committed against trademark owners and...more

Husch Blackwell LLP

How to Maintain Trademark Registrations in a Pandemic

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U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more

McDonnell Boehnen Hulbert & Berghoff LLP

What Trademark Owners Need to Know About the New Trademark Rules

Owners of U.S. trademark registrations need to know about a few recent rule changes and be mindful of the changes and U.S. Patent and Trademark Office requirements whenever a declaration of use is due....more

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