Supreme Court patent docket swells with 13 petitions, two more pending, and major fights over IPR review, eligibility, damages, and claim scope.

The USPTO will close out FY2026 (which ends September 30) with about 320k utility patent grants, down about 3% from FY2025. Although the total is a bit down this year, an interesting shift here is ...

The Federal Circuit has vacated a PTAB obviousness rejection of a catheter claim, holding that the Board's reading of the claim term "flow barrier" was unreasonably broad. In re Incept LLC, No.

The "optimization" claims of US8842761 and US10693700 are ineligible under § 101; The "constellation" claims of US11019509 and US11018922 are eligible; The infringement verdict stands (denial of JMOL ...

China now receives more US patents than Japan. The crossover happened in 2024, and the projection for 2026 puts China around 58k compared with Japan's 45k. But, this total does hide a big exception.

With the USPTO’s recent brief, In re Ablynx N.V., No. 2026-1333 (Fed. Cir.) is now teed up for the Federal Circuit to decide the nationwide policy on obviousness-type double patenting. The case ...

Patent law cases often turn on timing. In our first-to-file system, the question often boils down to whether the patent at issue was effectively filed before the competing patent application. This ...

FedEx has asked the Supreme Court to decide whether any court can make the Patent Office follow 35 U.S.C. § 312(a)(2), the requirement that an IPR petitioner identify “all real parties in interest.” ...

The Supreme Court has been asked to decide whether an act of Congress can reallocate ownership of foreign copyrights. In BMG Rights Management (US) LLC v. Vetter, No. 25-1391, four music publishing ...

When do patent attorneys actually file? Not first thing in the morning, and not in a rush at the end of the business day. Across roughly 475,000 USPTO electronic filings May-June 2025, volume climbs ...

As the 2025-2026 term ends, the Supreme Court has agreed to decide whether the strength of a trademark is a question of fact or a question of law. The Court granted certiorari in RiseandShine Corp. v.

In Thryv, Inc. v. Click-To-Call Technologies, LP, 590 U.S. 45 (2020), Justice Gorsuch in dissent warned that an expansive reading of 35 U.S.C. § 314(d) would leave the PTO Director free to “insulat[e] ...