Patent

On April 1, 2026, the United States Patent and Trademark Office announced a significant procedural change to the ex parte reexamination process. For the first time, patent owners may now submit written arguments to the USPTO before the agency decides whether to order a reexamination of their patent. The new procedure, which applies to all reexamination requests filed on or after April 5, 2026, gives patent owners 30 days and up to 30 pages to make their case that no substanti

New data from the first quarter of 2026 reveals a striking shift in the patent landscape: inter partes review (IPR) petitions filed before the Patent Trial and Appeal Board (PTAB) have dropped more than 60 percent year over year, hitting a historic low of just 131 petitions. For business owners who hold patents or are investing in patent protection, this is one of the most significant developments in years. The decline signals a fundamental change in how aggressively competit

On April 1, 2026, USPTO Director Squires signed an Official Gazette Notice announcing a significant procedural change for patent owners: for the first time, patent owners will have the opportunity to argue against a third-party request for ex parte reexamination before the Patent Office decides whether to move forward with the proceeding. The new rule, effective for all reexamination requests filed on or after April 5, 2026, addresses a longstanding concern among patent holde

A recent analysis of more than 233 million patent citation records reveals a striking trend at the U.S. Patent and Trademark Office: nearly one in four office actions now relies on prior art that was invisible to the public when the applicant filed. These references, often called "secret" or "springing" prior art, come from patent applications that had been filed but not yet published at the time the applicant submitted their own application. The finding underscores a challen

The U.S. International Trade Commission has been launching more patent infringement investigations than ever before, opening probes into intellectual property disputes that have not previously been brought before the agency. This surge in activity is being driven by recent federal court decisions that have broadened who can file complaints with the ITC, making it an increasingly attractive venue for patent owners looking to block infringing products from entering the United S

The United States Patent and Trademark Office recently rejected all 26 claims in a Nintendo patent that had been at the center of its legal dispute with Pocketpair, the developer of the popular game Palworld. The patent, No. 12,403,397, covered game mechanics involving summoning characters into battle in different modes. After a rare director-ordered reexamination, a USPTO examiner concluded that the claimed mechanics represented an obvious combination of ideas already presen

On March 13, 2026, the United States Patent and Trademark Office (USPTO) published new supplemental guidance that significantly expands the scope of design patent protection for computer-generated designs. The updated rules eliminate a long-standing requirement that applicants include a physical display screen in their design patent drawings, opening the door for businesses to protect graphical user interfaces, icons, holograms, projections, and virtual and augmented reality