Expediting U.S. Patent Prosecution To Guide Foreign Filing Strategies

There are several reasons why a patent applicant might want to expedite the application process. An applicant might want to have an issued patent as soon as possible in view of competitors and actual or anticipated infringers. On the business-focused side, a U.S. patent may also significantly impact capitalization, including attracting investments and justifying corporate valuation, due to the validating effect of an issued patent on a business' viability. However, there are also important [...]

The Federal Trademark Registration Process Is More Complicated Than Ever

If it seems to you that the process of obtaining federal trademark registration has become more complicated and time-consuming in recent years, you are not alone. As an initial matter, an almost 28% increase in the number of applications in 2021 (likely due to COVID) created a backlog at the United States Patent and Trademark Office (USPTO). This means it can take as long as 6 to 9 months before an Examiner first reviews [...]

Beyond Section 101: Intellectual Property Outlook 2026

The U.S. Court of Appeals for the Federal Circuit's Recentive decision reinforced a familiar message for artificial intelligence (AI) and software claims in litigation: Applying generic techniques to a new data environment, with results‑oriented claim language, is ineligible under Section 101 absent technological improvement to the model or computer itself. At the same time, the U.S. Patent and Trademark Office's (USPTO) Desjardins framework and subsequent guidance nudge examiners to treat Section 101 as a gatekeeper and address breadth, inventiveness and clarity under [...]
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