While these provisions do not change the procedure before the grant of European patents, they impose an updating of the protection and litigation strategy in Europe.

The U.S. Court of Appeals for the Federal Circuit recently affirmed a district court's decision of noninfringement based on the "safe harbor" provision of 35 USC § 271(e)(1).

The United States Patent and Trademark Office (USPTO) is implementing the Semiconductor Technology Pilot Program to expedite the examination of patent applications related to semiconductor manufacturing, research, and development.

Without exaggeration, messenger ribonucleic acid (mRNA) vaccines can be considered a breakthrough development which during the COVID-19 pandemic turned Moderna's, Pfizers's, and BioNTech's vaccines into household names.

The United States Court of Appeals for the Federal Circuit clarified in Shockwave Medical, Inc. v. Cardiovascular Sys., Inc. how Applicant Admitted Prior Art (AAPA) fits into inter partes review (IPR) practice.

In Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL ("Luca McDermott") [1], the Court of Appeals for the Federal Circuit ("CAFC" or "Federal Circuit") held that a minority limited...

On June 8, 2023, the U.S. Supreme Court issued a ruling in Jack Daniel's Properties, Inc. v. VIP Products, LLC concerning the First Amendment freedom-of-speech defense for a parody in a trademark infringement case.

In LKQ Corp. v. GM Global Tech. Operations LLC, the Court of Appeals for the Federal Circuit ("CAFC") or "Federal Circuit") overruled the existing Rosen-Durling test for analyzing obviousness of design patents.

On August 4, 2025, the Deputy Commissioner of Patents, Charles Kim, sent a memorandum (hereinafter "August 4 Memo") to the examining corps regarding the USPTO's subject matter eligibility guidance.

Several recent cases illustrate a continuing and evolving split among the different federal district courts as to whether a defense of inequitable conduct can successfully be based on "burying."

The recent case of Maquet Cardiovascular LLC v. Abiomed Inc. examined the application of prosecution disclaimer and its effect on the interpretation of claims in descendant patents.

After announcing an intention to exercise its fee setting authority in 2023, and following a public feedback process, the USPTO has finally announced fee increases...

In Vidal v. Elster, the U.S. Supreme Court will address whether the USPTO's refusal to register the mark "TRUMP TOO SMALL" violates the free speech clause of the First Amendment of the U.S.

The U.S. Court of Appeals for the Federal Circuit recently issued a significant opinion in Regents of the University of California v. Broad Institute, Inc.,[1] providing fundamental guidance on the legal standard of "conception" in patent law.

In IOEngine, LLC v. Ingenico Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed in part the U.S. Patent Trial and Appeal Board's (PTAB) Final Written Decisions...

On March 18, 2024, the US Patent & Trademark Office (USPTO) issued a memorandum to patent examiners related to resources for examining means-plus-function...

Analyzing patent validity requires consideration of the circumstances at the time of the patent's filing. For example, when deciding whether patent claims are invalid as anticipated or obvious...

A recent decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) illustrates the limits of patent eligible subject matter under 35 U.S.C. § 101. Beteiro, LLC vs DraftKings, Inc.

On February 13, 2024, the USPTO published its much-anticipated guidance on inventorship for AI-assisted inventions with immediate effect.

In SoftView v. Apple, the U.S. Court of Appeals for the Federal Circuit (CAFC or Federal Circuit) has recently clarified an important aspect of collateral estoppel. The case concerns the U.S. Patent and Trademark...