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Patent Prosecution

Carlton Fields

USPTO’s AI Inventorship Guidance Charts New Path Forward for AI-Assisted Inventions

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Shortly before President Trump issued Executive Order 14363, titled “Launching the Genesis Mission,” a “national effort to unleash a new age of AI‑accelerated innovation and discovery,” the U.S. Patent and Trademark Office...more

Venable LLP

The § 101 Reset for 2026

Venable LLP on

Patent practitioners have seen a shifting landscape for patent eligibility under 35 U.S.C. § 101 since the Supreme Court’s 2012 and 2014 seminal decisions in Mayo and Alice. Now, the United States Patent and Trademark Office...more

Morgan Lewis

USPTO Issues Revised Inventorship Guidance for AI-Assisted Inventions

Morgan Lewis on

The US Patent and Trademark Office recently issued revised guidance clarifying that only natural persons may be named as inventors on patent applications involving AI-assisted inventions. The guidance rescinds earlier...more

Smart & Biggar

Patent Term Adjustment available for Canadian patents issued on or after December 2, 2025

Smart & Biggar on

Canada has implemented a Patent Term Adjustment (PTA) system to account for unreasonable delays by the Canadian Intellectual Property Office (CIPO) in issuing a patent. The PTA system effectively comes into force today, with...more

Davis Wright Tremaine LLP

USPTO Issues Revised 2025 Inventorship Guidance for AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Revised Inventorship Guidance for AI-Assisted Inventions (Updated Guidance), providing a more streamlined and traditional framework for determining inventorship when AI...more

Brownstein Hyatt Farber Schreck

USPTO Issues Revised Inventorship Guidance for AI-Assisted Inventions: What It Means for Patent Strategy

On Nov. 28, 2025, the United States Patent and Trademark Office (USPTO) issued new examination guidance clarifying inventorship standards for artificial intelligence (AI)-assisted inventions. This update rescinds the prior...more

Fenwick & West LLP

USPTO Loosens Restrictions on AI-Assisted Inventions

Fenwick & West LLP on

New guidance on AI-assisted inventions from the U.S. Patent and Trademark Office (USPTO) eases patentability restrictions, allowing humans to use AI systems such as large language models (LLMs) to develop new ideas while...more

Smart & Biggar

Canadian Intellectual Property Office “Next Generation Patents” update and status as of November 24, 2025

Smart & Biggar on

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. While the platform will be extremely helpful...more

Baker Botts L.L.P.

USPTO Publishes New Inventorship Guidance for "AI-Assisted Inventions"

Baker Botts L.L.P. on

The U.S. Patent and Trademark Office has issued revised examination guidance on inventorship for AI-assisted inventions, rescinding its February 2024 guidance and replacing it with a clarified legal framework....more

Kilpatrick

China’s Patent Dual Filing Strategy to Be Overhauled

Kilpatrick on

The China National Intellectual Property Administration’s (CNIPA) revised Patent Examination Guideline, set to take effect on January 1, 2026. This revision fundamentally alters the landscape for “dual filings” (filing...more

Sheppard Mullin Richter & Hampton LLP

USPTO’s Revised Inventorship Guidance for AI-Assisted Inventions: What Changed, What Stayed, and What Practitioners Should Do Now

The U.S. Patent and Trademark Office (USPTO) has issued updated examination guidance (“New Guidance”) on inventorship in applications involving artificial intelligence (AI). The document rescinds and replaces the February 13,...more

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

IP Hot Topic: USPTO Issues New Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the U.S. Patent and Trademark Office issued new inventorship guidance (formally published on November 28) clarifying how inventorship should be evaluated when AI tools are used during the development of...more

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

Reissue, Reexamination, and Supplemental Examination Strategies and Insights – November 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....more

Baker Botts L.L.P.

Director Squires Designates Ex Parte Desjardins Decision as Precedential

Baker Botts L.L.P. on

On November 4, 2025, Director of the U.S. Patent and Trademark Office, John Squires, designated the Ex Parte Desjardins decision of September 26, 2025 as “precedential.”...more

Seyfarth Shaw LLP

Patent Pending and Oven Ready: A Deep Dive into America’s Turkey Innovations

Seyfarth Shaw LLP on

Thanksgiving is finally here, which means the turkey gets its annual moment in the spotlight. For 364 days a year, the turkey is just trying to fit in. It was forced to take on roles it never auditioned for. Turkey bacon....more

McDonnell Boehnen Hulbert & Berghoff LLP

Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims

Once upon a time, patent eligibility was not controversial or difficult to understand. Then along came Alice Corp. v. CLS Bank, and with it the Supreme Court’s bright idea to replace statutory clarity with metaphysical...more

Volpe Koenig

From Shield to Sword: Using Examiner-Considered Art to Beat § 325(d)

Volpe Koenig on

In an Inter Partes Review (IPR), Petitioners have long been told to avoid relying on prior art the examiner already “considered,” for fear of triggering a discretionary denial under 35 U.S.C. § 325(d)....more

Morgan Lewis

Federal Circuit Reinforces Standard for Judicial Correction of Patent Error

Morgan Lewis on

The US Court of Appeals for the Federal Circuit reinforced when judicial correction of drafting errors is allowed, emphasizing the potential importance of intrinsic evidence, reasonable debate, and prosecution history. This...more

ArentFox Schiff

USPTO Launches Streamlined Claim Set Pilot Program to Reduce Patent Pendency

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) recently launched the Streamlined Claim Set Pilot Program — a new initiative designed to expedite patent examination for eligible patent application by advancing them out of turn...more

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

IP Hot Topic: Is This Clear Enough? A Caution Against Claiming Transparency but Excluding Translucency From a Design Patent’s...

A U.S. design patent protects how something looks, as opposed to how it works. An applicant conveys that look primarily using drawings. Typically they use line drawings, so that the scope of protection is focused on the shape...more

Kilpatrick

4 Key Takeaways: Traps for the Wary: Patent Prosecution Pitfalls Around the World

Kilpatrick on

Patent prosecution can be full of surprises, sometimes unpleasant. Kilpatrick’s Steve Borgman recently presented “Traps for the Wary: Patent Prosecution Pitfalls Around the World” at the 30th Annual University of Texas...more

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

Design Patent Quick Facts

Are useful to protect the design of nearly every type of product from smartphones to the retail stores that sell them; from pharmaceuticals to medical devices; and from running shoes to construction equipment....more

Seyfarth Shaw LLP

Big Trouble in Small Entity: The USPTO’s New Crackdown on Fee Status Fraud

Seyfarth Shaw LLP on

Another day, another change at the USPTO. If you have ever filed a patent application, you know there is a section that asks for your entity status: Large, Small, or Micro. If you have ever asked yourself whether size...more

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

Strategic Prosecution in 2026: What Patent Examiners Might Do Differently — And What That Means for Your Portfolio

As companies and markets increasingly view patents not just as a defensive shield but as strategic assets (e.g., for licensing, enforcement, or other potential revenue generation), the prosecution phase is critical....more

Baker Botts L.L.P.

Navigating the New Landscape of AI Patent Protection

Baker Botts L.L.P. on

The explosive growth of artificial intelligence has created unprecedented challenges for patent protection. While AI may be "the most transcendent and transformative technology of our time," as USPTO Director John Squires...more

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