Did the USPTO Fix IDS Abuse?
June 4, 2026
For years, some patent practitioners have treated the Information Disclosure Statement (IDS) like a game of “more is better.” If ten references are good, fifty
Why Patent Challengers Are Abandoning IPR Petitions
May 26, 2026
chart source: https://patentlyo.com/patent/2026/05/inter-partes-review-in-2026.html Squires Takes Direct Control of PTAB Institution Decisions John Squires was nominated to be Director of the USPTO in March 2025. Squires
USPTO Delays: That 14-Month Promise Is… Aspirational
March 30, 2026
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
USPTO Guidance on Design Patents for AR, VR, and Computer Interfaces
March 19, 2026
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 Conflict-of-Interest Settlement: $500k
March 2, 2026
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
Apple v. Squires: The Federal Circuit Confirms the Director’s (Nearly) Unlimited IPR Discretion
February 24, 2026
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
USPTO Adds Design Search Codes for Sound and Motion Trademarks
February 12, 2026
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
Do USPTO Fee Discounts Hurt Inventors’ Chances? Probably Not.
February 9, 2026
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
The Shape of IPR Institution Under Director Squires
January 29, 2026
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
A Shift in Section 101? What Recent PTAB Decisions Mean for Software Inventors
January 15, 2026
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
The USPTO’s Exciting Story: Almost Nothing Changed
January 12, 2026
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
What the USPTO’s 0% IPR Institution Rate Means for Patent Holders
December 24, 2025
USPTO Director Squires Imposes 0% Institution Rate Since October 2025, USPTO Director John Squires has personally taken control of IPR institution decisions — and the
USPTO Launches AI “Pre-Examination Search” Pilot: What It Means for You
December 22, 2025
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
USPTO Proposes Major IPR Changes: What Patent Owners Should Know
December 18, 2025
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 examination of design applications
September 8, 2025
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
USPTO to Charge Extra for Late Continuation Applications — Don’t Get Caught by the Six- and Nine-Year Traps
September 4, 2025
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
USPTO Clarifies AI and Machine Learning Patent Eligibility
August 26, 2025
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’s “Settled Expectations” Doctrine — and Why It Matters to You
August 15, 2025
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.
52k more fraudulently filed trademark applications and registrations cleared
August 12, 2025
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
USPTO Slams the AAPA Window Shut — Shockwave’s Over Before It Started
August 11, 2025
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
When Trying to Save Money May Cost More
June 27, 2025
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.
USPTO discontinues the Accelerated Examination program
June 17, 2025
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
Decluttering the USPTO’s Trademark Register
June 2, 2025
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 Fintiv Pendulum Swings Back — What Patent Litigators Need to Know
April 11, 2025
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
Updated IDS fees
January 21, 2025
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 USPTO’s New Fee Structure for Large Information Disclosure Statement Filings.
December 11, 2024
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
USPTO AI subject matter eligibility guidance
August 13, 2024
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
PTO Guidance on AI and Inventorship
April 18, 2024
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
Protecting the Little Guy… or Bad Patents?
June 12, 2023
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
Deferred Subject Matter Eligibility Program
February 23, 2022
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