News & Analysis as of

Patent Examinations

Polsinelli

USPTO Launches Streamlined Claim Set Pilot to Accelerate Patent Examination

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Key Takeaways: The U.S. Patent and Trademark Office (USPTO) introduced a new pilot program offering expedited examination for certain pending, unexamined applications with narrowly tailored claim sets....more

McDonnell Boehnen Hulbert & Berghoff LLP

Why the Alice Test is Stupid, Part I: It is Actually Three Different Tests

It has been over a decade since the Supreme Court blessed us with the two-step framework for patent eligibility under 35 U.S.C. § 101 in Alice Corp. v. CLS Bank. First, one must determine whether the claim at issue is...more

Brownstein Hyatt Farber Schreck

“Streamlining” Examination—New USPTO Pilot Programs

United States Patent and Trademark Office (USPTO) Director John Squires has stated that “it is to the benefit of all [patent system] stakeholders [that] prior art is identified and applied at the earliest stage of examination...more

Knobbe Martens

The USPTO’s Evolving Approach to Patent Eligibility: Insights from Director Squires’ AIPLA Address

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On October 31, 2025, Director Squires spoke to the American Intellectual Property Law Association and provided a forceful statement on his view for the direction of patent law. Of particular interest were his comments on...more

BakerHostetler

USPTO Launches Streamlined Claim Set Pilot Program - Faster Patents for Focused Claims

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The United States Patent and Trademark Office (USPTO) recently announced the Streamlined Claim Set Pilot Program, designed to speed up examination. If accepted, an application can be advanced out of turn for its first Office...more

Womble Bond Dickinson

Be Wary of Provisional Priority Dates in Prior Art

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Patent applicants often file provisional applications at the United States Patent and Trademark Office (USPTO) to secure a priority date before filing a full-blown utility patent application for their inventions.  ...more

Foster Swift Collins & Smith

USPTO’s New Streamlined Claim Set Pilot Program: Faster First Office Action, If You Play by the Rules

On October 27, 2025, the United States Patent and Trademark Office (USPTO) rolled out the Streamlined Claim Set Pilot Program to test a pretty simple idea: If you give the examiner fewer, cleaner claims up front, can the...more

Lowenstein Sandler LLP

Claim Slimly, Move Swiftly: USPTO Launches Streamlined Claim Set Pilot

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The United States Patent and Trademark Office (USPTO) is launching the Streamlined Claim Set Pilot Program (the pilot program) to evaluate whether limiting claim number and format can reduce pendency and improve examination...more

Morgan Lewis

USPTO Addresses Applicants’ Need for Speed

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The US Patent and Trademark Office recently announced two initiatives aimed at improving examination efficiency and addressing rising pendency times: the new Streamlined Claim Set Pilot Program and an update to the Patent...more

Troutman Pepper Locke

Design Patents: Navigating Prosecution and Litigation Trends to Draft the Best Application

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In recent years, the landscape of patent litigation has evolved significantly. Based on data obtained from Lex Machina®, the U.S. district courts have seen a general decline in overall patent case filings over the past decade...more

Troutman Pepper Locke

Prosecution History Disclaimer Decision Highlights Risk of Not Contesting Restriction Requirement

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In Focus Products Group International, LLC v. Kartri Sales Co., Inc., No. 2023-1446 (Fed. Cir. Sept. 30, 2025), the Federal Circuit reversed patent infringement findings, holding that a patentee’s failure to contest an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reissue, Reexamination, and Supplemental Examination Strategies and Insights – October 2025

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the...more

Knobbe Martens

USPTO, JPO, and EPO Meet to Discuss Global IP Challenges

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Beginning on October 20, 2025, recently confirmed United States Patent and Trademark Office (USPTO) Director John A. Squires met with European Patent Office (EPO) Vice-President Steve Rowan and Japanese Patent Office (JPO)...more

Knobbe Martens

USPTO Announces Multiple Pilot Programs to Expedite Patent Application Process

Knobbe Martens on

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 an applicant to...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies that Issuance of an Amended Claim Does Not Provide Substantial Evidence of Compliance...

In this edition of The Precedent, we outline the decision in Mondis Technology Ltd. v. LG Electronics Inc. In Mondis Technology Ltd. v. LG Electronics Inc., the Federal Circuit addressed the scope of the presumption of...more

Fish & Richardson

USPTO Launches Streamlined Claim Set Pilot Program

Fish & Richardson on

The United States Patent and Trademark Office (USPTO) has announced the launch of the Streamlined Claim Set Pilot Program in an effort to evaluate how limiting the number of claims under examination impacts pendency and...more

Dickinson Wright

Fewer Claims in the Fast Lane: USPTO’s Streamlined Claim Set Pilot Program

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In a Federal Register Notice published October 27, 2025 (“Notice”), the U.S. Patent and Trademark Office (USPTO) announced a new pilot program called the “Streamlined Claim Set Pilot Program” (hereinafter “Pilot Program”)....more

Fox Rothschild LLP

USPTO Launches 'Streamlined Claim Set Pilot Program' for Expedited Patent Examination

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The United States Patent and Trademark Office (USPTO) has launched a new expedited examination pilot program: the “Streamlined Claim Set Pilot Program.” It is for certain patent applications with no more than one independent...more

Haynes Boone

USPTO Introduces Streamlined Claim Set Pilot Program

Haynes Boone on

On Oct. 27, 2025, the United States Patent and Trademark Office (USPTO) announced it is offering a Streamlined Claim Set Pilot Program (Pilot Program), in an effort to further accelerate examination of currently pending...more

BakerHostetler

[Podcast] Wait, what? IDS Trouble and the PTA Penalty Trap

BakerHostetler on

In this debut episode of Wait, what?, veteran patent attorneys Laura Gordon and Stephanie Lodise unravel the deceptively tricky world of Information Disclosure Statement (IDS) timing. Just because the USPTO says you can file...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI-First Triage: A Path for Quality and Pendency Reduction at the USPTO

The U.S. Patent and Trademark Office (USPTO) is trapped in a perpetual battle on two fronts.  First, there is their application backlog, which can extend patent pendency by months or years. Second is the systemic challenge of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Announces Streamlined Claim Set Pilot Program

The United States Patent and Trademark Office (USPTO) recently announced a “Streamlined Claim Set Pilot Program.” The program offers expedited examination for utility patent applications for applications with one independent...more

Foley & Lardner LLP

Act Fast For (Nearly) Free Expedited Examination

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The USPTO announced a new pilot program designed to help it efficiently reduce the backlog of unexamined patent applications. The “Streamlined Claim Set Pilot Program” has an attractive incentive for participation—the promise...more

BakerHostetler

[Podcast] Wait, what? IDS Trouble and the PTA Penalty Trap

BakerHostetler on

In this debut episode of Wait, what?, veteran patent attorneys Laura Gordon and Stephanie Lodise unravel the deceptively tricky world of Information Disclosure Statement (IDS) timing. Just because the USPTO says you can file...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Term Adjustment

In 1999, Congress created a system of patent term adjustment (PTA) that adds additional time to patent terms to remedy certain delays caused by the U.S. Patent and Trademark Office (USPTO) in issuing a patent. Why Review...more

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