In a recent Law360 article, Knobbe Martens partners Rosaleen Chou, Ted Cannon, and Philip Nelson highlight significant policy developments at the U.S. Patent and Trademark Office (USPTO) expected to shape IP practice in 2026.
Following the confirmation of USPTO Director John Squires in 2025, the authors explain that applicants should anticipate a continued agency focus on expanding patent eligibility, as well as procedural reforms and pilot programs designed to streamline examination and encourage earlier filing strategies. The authors also examine procedural changes at the Patent Trial and Appeal Board (PTAB), “widely viewed to favor patent owners seeking to enforce their patents over patent challengers seeking to invalidate patents.”
On the trademark front, “efficiency and technological advancement are the primary goals for trademark practice at the USPTO in 2026,” the authors maintain. In 2026, the USPTO will continue to require the use of updated online platforms for all trademark functions, including those related to Trademark Trial and Appeal Board (TTAB) proceedings. In addition, the authors detail the agency’s focus on combating fraud and nonuse in trademark registrations, as well as the likely implementation of AI-based search tools in the trademark registration process.
“Shifts in leadership and new initiatives promise to bring further consequential changes to the USPTO’s policies and practice in the new year,” the authors conclude. “It is important for both patent and trademark practitioners to stay up to date with these changes in 2026.”
Read the full Law360 article “Expect Major Shifts In Patent And Trademark Policy This Year” here.
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