Patenting the invention is usually the better route, as it gives broader rights that cover your product and any other products that use the same inventive feature. Your claims ideally do cover systems, devices, components, and methods that appear in many products. Conversely, a product patent or patenting your product simply means claims directed to...Read More
The USPTO launched the Automated Pre-Examination Search Pilot Program on 2025 October 20 and it failed. They are using Artificial Intelligence (AI) in the patent examination workflow. Our advice was to not use it. Others agreed since only 169 applications made use of the program. So 2026 March 23, the USPTO waived the fee. Even...Read More
Two common types for a patent search in intellectual property practice are the patentability search (novelty search) and the landscape search (patent landscape). Some of our clients confuse these labels, but once explained, they know what they need. Searches All searches include a review of references, compilation of the representative or most important references, and...Read More
What are year-end reflection for IP managers? As the year winds down, intellectual property managers have a unique opportunity to reflect on accomplishments and set the stage for success in the coming year. Inspired by the 12 Days of Christmas, here are twelve (12) meaningful tasks to consider as you wrap up the year. One...Read More
US Patent Office issues new guidelines for AI-assisted inventions. The new director of the USPTO was busy during the last week of November – busy upsetting the robots of the future. John Squires stated that the patent office considers generative AI systems to be “analogous to laboratory equipment, computer software, research databases, or any other...Read More
The fall of 2025 saw several significant changes and announcements at the USPTO, particularly in the areas of leadership shifts, Artificial Intelligence (AI) integration, new procedures, guidance on subject matter eligibility, proposed rules for the Patent Trial and Appeal Board (PTAB). However, the USPTO is changing the Performance Appraisal Plan (PAP). Overview of PAPs As...Read More
The USPTO has proposed changes to the examiners’ Performance Appraisal Plan (PAP) with effect on applicants and, to a lesser extent, their patent agents. Nobody is sure how to meet these changes, but we will review the system, the changes, and our suggestions over a few posts: PAP and counts — the mysterious way the...Read More
Imagine you are in court alone without a lawyer, making complex arguments on behalf of yourself and your co-inventor, as to why the patent office made a mistake in rejecting your patent application. Specifically that your invention is patent eligible. Everyone opposing you is a paid professional. It is not hard to see that the...Read More
Consider whether you should change your patent prosecution strategy. There are many changes at the United States Patent and Trademark Office. These include robot examiners, new acceleration programs, changes to the way the examiner corps is evaluated, and many other changes. However, a more subtle change is that the office is more likely not to...Read More
On 2025 October 27 the USPTO launched their Streamlined Claim Set Pilot Program, which is a way to advance your applications out of turn for examination. This program offers a predictable way to accelerate the first office action while creating minimal file wrapper estoppel. This new program accelerates the start of prosecution for your applications...Read More
