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 -
Offit Kurman

Pre‑Launch Trademark Risk: What In‑House Counsel Should Address Before Product Launch

Offit Kurman on

Most trademark problems do not begin with a refusal from the USPTO or a cease-and-desist letter from a competitor. They begin much earlier during product development and brand naming, often before legal is meaningfully...more

NovoTech Patent Firm

Why Patents Don’t Commercialize Themselves — and What Founders Miss

NovoTech Patent Firm on

Many patents never translate into meaningful commercial value, not because the ideas are weak, but because the system surrounding them is misunderstood. From the outside, it is easy to assume that a granted patent should...more

Jones Day

Two’s Company, Three’s a (Discretionary) Crowd

Jones Day on

On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its discretion to deny institution of inter...more

Snell & Wilmer

Inside the USPTO's AI Rollout: What IP Stakeholders Need to Know

Snell & Wilmer on

On April 29, 2026, the U.S. Patent and Trademark Office (USPTO) held a webinar providing a look at how the agency is integrating artificial intelligence (AI) across patent operations, trademark operations, and intellectual...more

Akerman LLP

Hard “G” Beats Soft “J”: GASPER ROOFING Escapes JASPER Confusion Block

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A USPTO Examining Attorney refused to register GASPER ROOFING, finding it confusingly similar to the already-registered JASPER CONTRACTORS—same services, similar letter strings, case closed. Then Applicant appealed. In In re...more

Offit Kurman

“Alright, Alright, Alright,” — Taylor’s Version. Taylor Swift follows Matthew McConnaughey’s Novel Approach to Using Trademark...

Offit Kurman on

Ever eager to retain control over her masters and ensure that she “never goes out of style,” Taylor Swift is the latest public figure looking toward registration of sensory trademarks to protect her name and likeness in a...more

Brooks Kushman P.C.

Foreign Filing Licenses in a Global Market

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Innovation today rarely sits within a single building or even a single country. Multinational teams collaborate across borders, and ideas move faster than the rules designed to regulate them. Yet when it comes to patent...more

ArentFox Schiff

Look What You Made Me Do: Taylor Swift’s Trademark Strategy Takes Aim at AI

ArentFox Schiff on

On April 24, Taylor Swift’s company, TAS Rights Management, filed three new trademark applications with the US Patent and Trademark Office (USPTO) in what appears to be an effort to safeguard her identity against the rising...more

ArentFox Schiff

USPTO Extends Fast-Track Appeals Pilot Program With Four-Month Decision Target

ArentFox Schiff on

In a Federal Register notice published May 6, the USPTO extended the program through May 6, 2028, with one principal change: the Board now aims to issue a decision within four months from the date the appeal enters the...more

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

Part II: Déjà Vu at the CRU: Strategy Under the New Pre-Order Paper Procedure

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

As covered in our prior alert, the USPTO’s new pre-order paper procedure allows a patent owner to file a 30-page paper within 30 days after being served with an ex parte reexamination (EPR) request filed with the Central...more

Fish & Richardson

ITC Seeks Comments on Proposed Disclosure Rule

Fish & Richardson on

The U.S. International Trade Commission (ITC) is seeking the public’s comments on a proposed rule that would require parties and intervenors to Section 337 investigations to file disclosure statements identifying real parties...more

Bradley Arant Boult Cummings LLP

Federal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review

Bradley Arant Boult Cummings LLP on

A recent precedential Federal Circuit decision further clarifies the limited scope of judicial review over PTAB institution-related rulings, holding that refusal by the Patent Trial and Appeal Board to resolve a disputed...more

Fenwick & West LLP

Introducing ‘Down the Gradient’: Where AI Meets Law and Real Conversation

Fenwick & West LLP on

There’s no shortage of AI content across headlines and timelines, but not all of it feels like real, practical conversation. And that’s exactly why we launched the “Down the Gradient” podcast....more

Tarter Krinsky & Drogin LLP

Beware of Fraudulent Emails Posing as the USPTO (Part 2)

Tarter Krinsky & Drogin LLP on

We have been notified about phishing emails that appear to be from the United States Patent and Trademark Office (USPTO) as pictured below. Please delete any such emails that you may receive. Don’t take any action or...more

Quarles & Brady LLP

Taylor Swift’s Trademark Filings for Her Voice and Image May Help Combat AI Misuse

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Taylor Swift’s team recently filed new trademark applications for two sound marks for Taylor’s voice, and one design mark for a glittering image from the Eras Tour: This move has captured the attention of trademark...more

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

Key Takeaways: USPTO’s New GUI Design Patent Guidance

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

The USPTO’s newly updated guidance on graphical user interface (GUI) design patents marks a timely shift toward modern digital realities, offering companies far greater flexibility in how interfaces, icons, and immersive...more

NovoTech Patent Firm

Why Your Patent Portfolio Isn't Giving You IP Leverage

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We all like big numbers. A patent portfolio with hundreds or thousands of patents looks impressive on paper. It sounds good in pitch decks. It makes for nice PR....more

Saul Ewing LLP

What to Know About Subject Matter Eligibility Declarations (SMEDs)

Saul Ewing LLP on

On December 4, 2025, USPTO Director Squires provided additional guidance for how applicants and practitioners can submit evidentiary declarations (also known as a Subject Matter Eligibility Declaration (SMED)) under 37 C.F.R....more

Bradley Arant Boult Cummings LLP

Rescheduling and Intellectual Property: What Medical Marijuana Operators Can (and Can’t) Do at the USPTO Now

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When the acting attorney general moved state-licensed medical marijuana and FDA-approved marijuana-containing products from Schedule I to Schedule III, the headlines focused on banking, taxation, and what the change might...more

Womble Bond Dickinson

USPTO Updates SMED Guidance, Encourages Demonstrating Technological Improvement

Womble Bond Dickinson on

Following the introduction of the “Subject Matter Eligibility Declaration” (SMED) term in December 2025, the United States Patent and Trademark Office (“USPTO”) has updated its best practices guidance on SMEDs, describing the...more

WilmerHale

PTAB/USPTO Update - May 2026

WilmerHale on

On March 16, the USPTO responded to a recent release of U.S. Chamber of Commerce 14th annual International IP Index report, which ranked the United States No. 1 on the index. Director Squires’ remarks, delivered on March 12...more

Knobbe Martens

AI Risks With the Patent Office: What Life Science Companies Should Be Asking Now

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AI tools are reshaping patent preparation and prosecution, but statements made to the USPTO are permanent, and AI-generated inaccuracies don’t come with warning labels. Efficiency gains are real, but so is the need for proper...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Omitted Inventor Renders Patent Invalid when Section 256 Correction Is Not Available in Fortress Iron, LP v. Digger...

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In Fortress Iron, LP v. Digger Specialties, Inc., the Federal Circuit affirmed summary judgment that two Fortress patents were invalid because they omitted a coinventor who could not be located and added under the...more

Jones Day

Licensing Considerations in Informative Discretionary Denial Decisions

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On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations. The...more

Akerman LLP

USPTO Launches AI-Powered Image Search for Trademarks

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In April 2026, the USPTO introduced a new beta feature in its trademark search system: an AI-driven image search tool that allows users to upload an image and retrieve visually similar marks from the federal trademark...more

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