What the USPTO’s New 30-Day Director Review Deadline for Decisions Instituting Trial Means for PTAB Petitioners and Patent Owners
Key Takeaway: In a precedential decision in Light & Wonder, Inc. v. Evolution Malta Ltd., U.S. Patent and Trademark Office Director Squires extended the deadline for requesting Director Review of...
USPTO Launches PIER Pilot Program Creating New Pre-Examination Decision Point for PCT National Stage Applications
Key Takeaway: The USPTO’s new PIER Pilot Program requires applicants in selected PCT national stage applications to affirmatively decide whether to proceed with, delay, or abandon U.S. patent examination. Participation...
USPTO Director Signals Continued Pro-Patent Discretionary Denial Policy at the Patent Trial and Appeal Board
Key Takeaway: In a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc., USPTO Director Squires denied IPR institution and reinforced the policy framework for discretionary denial at the...
SMEDs Are Working: What the USPTO’s Updated § 101 Patent Eligibility Guidance Means for Innovators
Key Takeaway: The U.S. Patent and Trademark Office’s April 30, 2026 memorandum encourages patent applicants to submit separate declarations supporting “subject matter eligibility” (SMEDs) in response to § 101 rejections....
USPTO Introduces Pre-Order Papers for Patent Owners in Ex Parte Reexaminations
Key Takeaway: With the decline of inter partes review (IPR) proceedings and the significant increase in ex parte reexamination (EPR) proceedings, the U.S. Patent and Trademark Office (USPTO) is allowing...
USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions
Key Takeaways Effective immediately, the USPTO will consider whether a patent challenger’s accused products or a patent owner’s products are manufactured in the United States as additional factors in the...
USPTO’s Supplemental Guidance on Design Patents for Computer-Generated Interfaces and Icons
Key Takeaway: The USPTO has revised its design patent guidance to better reflect evolving digital interface technologies, including projections and augmented or virtual reality environments. The updated guidance provides design...
USPTO Announces Multiple Pilot Programs to Expedite Patent Application Process
The United States Patent and Trademark Office recently announced two new pilot programs available at the early stages of patent prosecution in original applications. The Automated Search Pilot Program allows...
USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges
On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely reduce filings of inter partes review patent validity challenges. In addition, USPTO Director John Squires...
What Do Businesses Need to Know About Federal and State AI Disclosure Regulation?
State Spotlight: Utah Key Takeaways With companies increasingly integrating artificial intelligence into their workflows, it is important to monitor and adapt to a patchwork of AI disclosure laws across jurisdictions....
USPTO Director Squires Signals Support of AI Patent Eligibility
The new Director of the U.S. Patent and Trademark Office, John Squires, has quickly signaled a shift in how the USPTO will address subject matter eligibility for AI and other...
Impact of the Federal Government Shutdown on the USPTO, Federal Circuit and ITC
On October 1, 2025, the federal government entered a shutdown, and there are impacts on the IP space. While the USPTO and Federal Circuit remain operational for now, proceedings before the...
U.S. Design “Rocket Docket” Grounded
The U.S. Patent Office’s program for expedited examination of design applications under 37 CFR 1.155 (often called the design “rocket docket”), which was suspended earlier this year, was formally canceled...
Fair Use and the Future of Generative AI: Lessons from the Meta and Anthropic Copyright Cases
With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S....
USPTO Acting Director Issues First Four Discretionary-Denial Decisions | Firm Alert
On May 16, 2025, USPTO Acting Director Stewart issued her first four discretionary-denial decisions since announcing that the Director will decide whether to discretionarily deny inter partes review and post-grant...
Consider Patent and Trademark Filings This Week To Avoid New Fees
The U.S. Patent and Trademark Office typically raises its fees every few years. However, this year the Office will implement a new category of fees for patent continuations with more...
Of Broccolini and Branding: Don’t Let Your Trademark Wilt
Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking appropriate legal...
FDA and FTC Crack Down on Delta-8 THC Copycat Products
In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade...
Olympics Advertising – Don’t be Ambushed by Rule 40
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to...
USPTO Publishes Additional Subject Matter Eligibility Guidance – AI Technology | Firm Alert
USPTO Publishes Additional Subject Matter Eligibility Guidance – AI Technology On Tuesday, July 16, 2024, the United States Patent and Trademark Office (USPTO) published the 2024 Guidance Update on Patent...
USPTO Publishes Inventorship Guidance for AI-Assisted Inventions
On February 12th, the USPTO published the Inventorship Guidance for AI-assisted Inventions (“Guidance”).[1] The Guidance was pursuant to specific action items directed to the USPTO in President Biden’s October 23,...
