USPTO promises a first office action within 14 months—but reality looks a bit different. Almost 90% of first office actions are issued after the 14-month window! A
Computer-Generated Design Guidance Background Back in 2020, the USPTO asked for public input on “whether its interpretation of the article of manufacture requirement in the
USPTO Examiner Agrees to $500,000 Conflict-of-Interest Settlement A major USPTO examiner conflict settlement is drawing attention to ethics oversight inside the U.S. Patent and Trademark
On Friday the 13th, the Federal Circuit turned what began as a procedural APA challenge into something much larger: a precedential confirmation that the USPTO
The USPTO recently updated its Design Search Code Manual to include codes for sound and motion marks. These updates make it easier for applicants to
Recent USPTO data shows a sharp gap in patent allowance rates by entity size. Large entities saw about an 80% allowance rate, small entities around
For a long time, inter partes review felt like gravity. If you owned a patent and someone filed an IPR, it was less a question
For years, Section 101 rejections have been the biggest obstacle for software and computer-implemented inventions. Recently, however, the Patent Trial and Appeal Board (PTAB) has
Picture source: https://patentlyo.com/patent/2025/12/surprising-headline-stability.html The USPTO’s 2025 patent data points to an unusual but welcome theme: stability. Utility patent issuances held essentially flat at about 326,000—nearly
USPTO Director Squires Imposes 0% Institution Rate Since October 2025, USPTO Director John Squires has personally taken control of IPR institution decisions — and the
AI Pre-Examination Search Test Program The USPTO just kicked off a new pilot program: the Automated Pre-Examination Search, or ASRN*. The idea is simple—before a
Proposed USPTO IPR Rules Could Strengthen Patent Protection The USPTO is considering rules that could fundamentally change how inter partes review (IPR) works. If finalized,
The USPTO has suspended expedited design applications to combat fraud. The PTO had suspended expedited examinations of design applications back on April 17, 2025. Now
The U.S. Patent and Trademark Office (USPTO) just rolled out a new “late-filing penalty” for continuation applications that come in six or nine years after
Background: USPTO Issues New AI Eligibility Memo The USPTO issued a memorandum on Aug 2, 2025. This was to help examiners assess subject matter eligibility
The USPTO has a new trick up its sleeve. If you own older patents, you may actually like it. It’s called the “settled expectations” doctrine.
The USPTO issued an update on August 6, 2025. In this announcement, it terminated over 52,000 trademark applications and registrations linked to a foreign filing
Shockwave Raised Hopes for Using AAPA in IPRs If you thought Shockwave Medical would let you slip Applicant-Admitted Prior Art (AAPA) into an inter partes
The USPTO offers significant fee discounts for small and micro entities. In particular, small entities include individuals, businesses with up to 500 employees, or non-profits.
Given the long wait times for patent prosecution, the USPTO had offered several ways to speed the process up*. One of those, Accelerated Examination, offered
The USPTO recently announced it had now removed over 50,000 goods and services from the trademark register. Using ex parte expungement and reexamination proceedings, the
The rule book and the black box The Use of the Inter Partes Review in Infringement Accusations You’re facing an infringement suit. A common defensive
The USPTO has changed how fees for Information Disclosure Statements (IDS) work, this change was implemented 2025-01-19. A brief overview of the changes are as
The Old Prior Art Wisdom: When in Doubt, Cite It. “When in doubt, cite it” is the wisdom handed down regarding prior art on the
Source: https://www.federalregister.gov/documents/2024/07/17/2024-15377/2024-guidance-update-on-patent-subject-matter-eligibility-including-on-artificial-intelligence The US Patent Office continues to issue guidance on subject matter eligibility under 35 U.S.C. § 101. This latest July guidance addresses AI-assisted
Rising Questions About AI-Assisted Inventorship in U.S. Patent Law Questions about who, or what, can claim inventorship on AI-assisted inventions have been tested in the
Proposed Changes to USPTO IPR Rules The USPTO is considering modifications to the rules for inter partes review (IPR) and post grant review (PGR) proceedings. Ostensibly
The USPTO is implementing a pilot program called the Deferred Subject Matter Eligibility response. The point of the program is to defer the whole question
Over the last 5 years (FY 2017-2021) about 61 percent of the cases at the Court of Appeals for the Federal Circuit (CAFC) concern patents.
An Inter Partes Review is a proceeding before the USPTO, which allows third parties to challenge the validity of the claims of an issued patent