News & Analysis as of

United States Patent and Trademark Office

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Baker Donelson

Insights from Month One of Acting Director Stewart's Decisions on Discretionary Denial under the New Interim Processes for PTAB...

Baker Donelson on

Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board's (PTAB) discretion to deny petitions for...more

ArentFox Schiff

USPTO Expands on ‘Settled Expectations’ as Basis for PTAB Discretionary Denials

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) recently issued a Director Discretionary Denial decision expanding on the “settled expectations” ground for discretionary denial of a post-grant review proceeding...more

Knobbe Martens

Results of The Deferred Subject Matter Eligibility Response Pilot Program

Knobbe Martens on

On June 18, 2025, the United States Patent and Trademark Office (USPTO) hosted an informational call to share the results of a study on the Deferred Subject Matter Eligibility (DSMER) Pilot Program, three years after its...more

K&L Gates LLP

USPTO Discontinuing the Accelerated Examination Program for Utility Applications

K&L Gates LLP on

On 10 June 2025, the US Patent and Trademark Office (USPTO) published a Final Rule announcing the discontinuation of the Accelerated Examination program for utility applications beginning 10 July 2025. The change affects the...more

Vorys, Sater, Seymour and Pease LLP

New Settled Expectations Policy at the PTAB Augurs Major Practice Changes

Vorys, Sater, Seymour and Pease LLP on

In a startling development, Acting Director of the USPTO Coke Morgan Stewart has denied institution of an inter partes review (IPR) on the basis of “settled expectations,” on the sole ground that the subject patent had been...more

K&L Gates LLP

First Denial Based on USPTO’s New Discretionary Denial Factors

K&L Gates LLP on

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv...more

Jones Day

PTAB Clarifies Interim Workload Management Process

Jones Day on

On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new bifurcated process...more

Volpe Koenig

“Settled Expectations” as the New Gatekeeper for PTAB Discretionary Denials: Why Late-Stage IPRs Are Getting Harder to File

Volpe Koenig on

When Acting USPTO Director Coke Morgan Stewart denied institution in Dabico v. AXA Power IPR2025-00408  Paper 21, much of the commentary focused on the result....more

McCarter & English, LLP

USPTO Discontinues Accelerated Examination for Utility Patent Applications, but Track 1 Remains a Good Option

McCarter & English, LLP on

The USPTO recently announced that the Accelerated Examination program will be discontinued as of July 10, 2025. Given that the program has had limited use over the past decade, with fewer than 100 Accelerated Examination...more

Fish & Richardson

Green Glove Trademark Application Gets Red Light From Federal Circuit

Fish & Richardson on

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more

Troutman Pepper Locke

Why Should I Register My Trademark?

Troutman Pepper Locke on

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

Morgan Lewis

Facilities & Residential Services: Opportunities & Challenges

Morgan Lewis on

The facilities and residential services industry continues to evolve, marked by M&A growth, complex workforce structures, and increasing regulatory demands. Our multidisciplinary team is deeply experienced in supporting...more

Vinson & Elkins LLP

File Early or Risk Denial: iRhythm IPR Institution Denial Underscores the Importance of Filing IPR Petitions Sooner Rather Than...

Vinson & Elkins LLP on

On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc....more

Proskauer - The Patent Playbook

Discretionary Denials in Action: iRhythm Technologies Inc. v. Welch Allyn Inc.

Proskauer - The Patent Playbook on

The U.S. Patent and Trademark Office (“USPTO”) Acting Director’s recent decision to deny institution of inter partes review (“IPR”) in iRhythm Technologies Inc. v. Welch Allyn Inc. offers valuable lessons for both patent...more

Morgan Lewis

Meet the New Discretionary Denial Factor on the PTAB Block: Settled Expectations

Morgan Lewis on

USPTO Acting Director Coke Morgan Stewart recently issued a decision discretionarily denying five petitions for inter partes review (IPR) filed by iRhythm against patents owned by Welch Allyn based on a factor that had not...more

Troutman Pepper Locke

Beware of Scam Notices Targeting Trademark Applicants

Troutman Pepper Locke on

Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available...more

Volpe Koenig

When an IDS Comes Back to Haunt You: Lessons from iRhythm v. Welch Allyn

Volpe Koenig on

Patent attorneys are well-versed in the function of the Information Disclosure Statement (IDS) during prosecution. We understand that listing prior art in an IDS satisfies the duty of candor, helps insulate patents from...more

Knobbe Martens

Patent Scorecard – Ranking Patent Portfolios in the Aerospace Industry

Knobbe Martens on

The Institute of Electrical and Electronics Engineers (IEEE) recently released its 2025 “Patent Scorecard” where it analyzes and ranks companies with large patent portfolios in various industries, including aerospace. The...more

Womble Bond Dickinson

USPTO to Discontinue Accelerated Examination Program for Utility Patents on July 10, 2025

Womble Bond Dickinson on

The U.S. Patent and Trademark Office (USPTO) has announced that, as of July 10, 2025, it will discontinue accepting petitions under the Accelerated Examination (AE) program for utility patent applications. However, petitions...more

Wilson Sonsini Goodrich & Rosati

Patent Office Denial of “Late” Inter Partes Review Petitions Changes Expectations

Wilson Sonsini Goodrich & Rosati on

On June 6, 2025, the acting Director of the U.S. Patent and Trademark Office (USPTO), Coke Morgan Stewart, issued a decision in iRhythm Technologies v. Welch Allyn, Inc.1 that initiates a new basis for discretionary denial...more

Jones Day

Applying Fintiv to a Parallel ITC Investigation

Jones Day on

The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a)and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20, 2020)...more

Seyfarth Shaw LLP

Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications

Seyfarth Shaw LLP on

Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National...more

MoFo Life Sciences

USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

MoFo Life Sciences on

On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

Farella Braun + Martel LLP on

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fitch, Even, Tabin & Flannery LLP

USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

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Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders...more

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