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Global IP & Technology Law

A New Path for Patent Owners in Ex Parte Reexams – But What About the Rules?

On April 1, 2026, USPTO Director Squires issued an Official Gazette Notice allowing patent owners a limited amount of time to respond to a request for ex parte reexamination (EPR) before the Office determines whether the request presents a substantial new question of patentability (SNQ). Under this new procedure, within 30 days of being served...... Continue Reading

April 2026 | Blog

Global IP & Technology Law

Sweeping Claims, Sliding Stones: Mastering AI Patent Prosecution with a Curling Twist

As the 2026 Winter Olympics captivate audiences, one sport in particular―curling―stands out as the perfect metaphor for the challenge of prosecuting AI inventions before the US Patent and Trademark Office (USPTO). Both arenas demand foresight, adaptability, and strategic thinking, whether it’s guiding a stone across the ice or shepherding an AI patent application through evolving...... Continue Reading

February 2026 | Blog

Global IP & Technology Law

The USPTO Director De-Delegates – But What About the Rules?

There have been hundreds of summary discretionary denial decisions from the Acting Director regarding inter partes review and post-grant review. We blogged on these decisions here, here, here, here, and here. On October 17, 2025, newly appointed Director Squires issued an open letter and memorandum to the public and to the Patent Trial and Appeal...... Continue Reading

October 2025 | Blog

Global IP & Technology Law

All Roads Lead to Rome at the USPTO

Since the iRhythm IPRs on which we blogged recently, there have been two more (actually, many more) decisions that are leaving petitioners scratching their heads. In Dabico, the Acting USPTO Director discretionarily denied an IPR petition because of “settled expectations,” the same rationale as in iRhythm. The Acting Director went further and criticized the petitioner...... Continue Reading

July 2025 | Blog

Global IP & Technology Law

The Court Can Wait; The Patent Office Cannot

In a set of astonishing identical Director Review decisions, the Acting USPTO Director discretionarily denied five IPR petitions whose proceedings would have concluded over seven months before the underlying patent infringement suit would have gone to trial. The Acting Director reasoned that the petitioner waited too long to file its IPR petitions because, even though...... Continue Reading

June 2025 | Blog

Global IP & Technology Law

Call It Out When You Think the Examiner Has Overlooked Prior Art

The patent statute 35 U.S.C. § 325(d) allows the USPTO Director to deny institution of an IPR when “the same or substantially the same prior art or arguments previously were presented to the Office.” In IPR practice, relying on prior art that already had been before the PTO is perfectly acceptable. Under the 2020 decision in...... Continue Reading

May 2025 | Blog

Global IP & Technology Law

Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs? (Part II)

In Part I of this set of blogs, we discussed the impact of the rescission of former USPTO Director Vidal’s Guidance Memorandum for handling discretionary denials in inter partes review proceedings before the Patent Trial and Appeal Board. We also discussed Chief Judge Boalick’s Guidance Memorandum on the rescission. In Part II, we examine a...... Continue Reading

April 2025 | Blog

Global IP & Technology Law

Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs?(Part I)

Recent actions from the USPTO have engendered a great deal of discussion among the bar practicing before the Patent Trial and Appeal Board. On February 28, 2025, acting Director Stewart rescinded former Director Vidal’s Guidance Memorandum for handling discretionary denials in inter partes review proceedings before the Board. On March 24, 2025, Chief Judge Boalick...... Continue Reading

April 2025 | Blog

Global IP & Technology Law

US PATENT FEE INCREASES FOR 2025: Not (Nearly) as Bad as They Could Have Been

Earlier this year, as we discussed here, here, and here, the United States Patent and Trademark Office (USPTO or Office) proposed a number of sweeping changes to the Office’s patent fees, including a very steep set of fees for filing terminal disclaimers, later continuation applications, and three or more requests for continued examination (RCEs). The...… Continue Reading The post US PATENT FEE INCREASES FOR 2025: Not (Nearly) as Bad as They Could Have Been appeared first on Global IP & Technology Law Blog.

December 2024 | Blog

Global IP & Technology Law

The USPTO’s Proposed Terminal Disclaimer Rule Change: It’s Radical, But Is It Legal?

In a May 10, 2024, Notice of Proposed Rulemaking (NPRM), the USPTO proposed sweeping changes in the rules governing the filing of terminal disclaimers. If the USPTO implements the proposed changes, entire patent families could be wiped out if just one claim of one patent in the family is found invalid over prior art. Patent...… Continue Reading The post The USPTO’s Proposed Terminal Disclaimer Rule Change: It’s Radical, But Is It Legal? appeared first on Global IP & Technology Law Blog.

May 2024 | Blog

Global IP & Technology Law

Intelligent AI Guidance from the USPTO Identifies Potential Perils

Much like word processing with spell check and other now commonplace digital tools were once only the stuff of science fiction, artificial intelligence (AI) is quickly becoming widespread in knowledge work including law practice. IP law is no exception. The use of AI in IP law practice has practical benefits, including the potential for enhanced...… Continue Reading The post Intelligent AI Guidance from the USPTO Identifies Potential Perils appeared first on Global IP & Technology Law Blog.

April 2024 | Blog

Global IP & Technology Law

The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change?

As discussed in two of our recent blogs (here) and here), the United States Patent and Trademark Office (USPTO or Office) recently proposed substantial patent fee increases for continuing applications and terminal disclaimers. The USPTO is also proposing substantial increases for an applicant to request continued examination of an application whose claims have been rejected,...… Continue Reading The post The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change? appeared first on Global IP & Technology Law Blog.

April 2024 | Blog

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