The USPTO has proposed a rule change related to terminal disclaimers that addresses nonstatutory double patenting rejections. The proposed requirement would mandate that an applicant agree that the disclaimed patent...

USPTO and PTAB may not place the burden of proving the patentability of proposed claim amendments during an IPR on the patent owner, but rather the burden of proving unpatentability is on the petitioner.

On October 2, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final order terminating the proceedings for around 3,100 patent applications due to fraudulent use of a registered...

TAKEAWAY: Third-Party Preissuance Submissions, when used selectively, can be an effective method to disrupt competitor patent prosecution.

The U.S. Patent and Trademark Office (USPTO) recently solicited public feedback on the current state of the experimental use exception to patent infringement. The agency is evaluating whether legislative.

The USPTO expanded the IP Identifier Tool and is offering a free Startup Certification Training Course to help business owners gain a better understanding of how to protect intellectual property.

The USPTO has announced that its First-Time Filer Expedited Examination Pilot Program will be extended until March 11, 2025, or until the USPTO grants 1,000 petitions, whichever is reached first.

Federal Circuit confirms no timing requirement by which expert witnesses must obtain level of ordinary skill in the art for patent infringement cases.

While the factors USPTO examiners consider for ascertaining enablement remain unchanged, patent practitioners may expect greater scrutiny of broad genus claims.

The USPTO has announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set to expire on December 14, 2024, and that requests to participate in the program...

New legislation recognizes the evolving nature of employer-employee relationships, especially in remote work settings.

TAKEAWAY: The USPTO provided three new hypothetical examples and additional guidance specific to AI technology for patent eligibility analyses under 35 § U.S.C. 101. The USPTO issued a guidance update...

TAKEAWAY: New considerations for claim amendment strategy during the course of prosecution will likely arise for patent practitioners following the USPTO's termination of the After Final Consideration.

Recent judicial decisions and USPTO actions are aligning to clarify and increase the scope of patent-eligible subject matter.

The United States Patent and Trademark Office (USPTO) reviews its fees, costs, and revenue regularly to determine what changes, if any, are necessary to recover the aggregate costs of the U.S.

Proper inventorship for a U.S. patent application or patent directed to an invention assisted by artificial intelligence requires a significant contribution by at least one human to each claim of the application or patent.

The U.S. Patent and Trademark Office (USPTO) has announced proposed fee increases that are expected to be implemented starting October 1, 2024.