News & Analysis as of

Utility Patents United States Patent and Trademark Office

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

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

Fish & Richardson

USPTO Launches Streamlined Claim Set Pilot Program

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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

Haynes Boone

USPTO Introduces Streamlined Claim Set Pilot Program

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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

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

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

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

World Space Week 2025: The Inventions Improving “Living in Space”

World Space Week, held each year from October 4–10, is the largest global celebration of space science and technology. Established by the United Nations in 1999, it highlights how space exploration contributes to the...more

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

Reexamination and Reissue for Plant Patents: An Underused Avenue for Patent Owner’s to Strengthen Cultivar Protection

As plant innovation moves into a new era—driven by climate adaptation, consumer preferences, and advanced breeding techniques—most attention on plant patents focuses on securing the initial grant. Yet, in rare instances,...more

Wolf, Greenfield & Sacks, P.C.

Strategic Uses and Considerations for Reissue Applications (Part 3 of 3)

Reissue applications represent a very small fraction of the total number of applications filed at the USPTO each year. Indeed, at the midpoint of 2025, over 1.2 million utility applications have been filed, with less than 300...more

McCarter & English, LLP

What to Do Now That the USPTO Accelerated Examination Program Is Ending

The US Patent and Trademark Office (USPTO) introduced the Accelerated Examination program in 2006 to help applicants receive expedited examination of important patent applications. The USPTO is ending the Accelerated...more

McCarter & English, LLP

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

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

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

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

Quarles & Brady LLP

While There is an Active Utility Application, There is Design Hope

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Like many patent owners or aspiring patent owners, at some point you may have found yourself in a situation where design protection was needed, but all you had was narrow utility protection. ...more

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

2024 Design Patents Year in Review: Analysis & Trends - Design Patents at the PTAB: 2024 in Review

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Troutman Pepper Locke

USPTO Fee Changes Taking Effect January 19, 2025‎

Troutman Pepper Locke on

On November 20, 2024, the USPTO published its Final Rule regarding fee changes to take effect on January 19, 2025 in the Federal Register....more

ArentFox Schiff

USPTO Fee Updates

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees....more

ArentFox Schiff

Global Perspective on Patenting of AI Technologies

ArentFox Schiff on

The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions...more

Quarles & Brady LLP

Rocket Docket: Fast Track to Examination

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While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown...more

McAfee & Taft

Old test becomes new standard for design patents

McAfee & Taft on

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of your company’s products can...more

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Ladas & Parry LLP

Proposed Increases of United States Patent Fees

Ladas & Parry LLP on

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are...more

Sunstein LLP

Federal Circuit Upends Obviousness Test for Design Patents, Leaving Uncertainty and Potential Opportunity

Sunstein LLP on

On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC. Sitting en banc, a panel of Federal Circuit judges overturned...more

Strafford

[Webinar] Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents - July 10th, 1:00 pm - 2:30 pm EDT

Strafford on

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new...more

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