USPTO Policies Spur Reps To Float Conditions On Fee Power

Law360, Ryan Davis, September 2, 2026

Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

USPTO Anonymous Reexam Proposal Spurs Concern, Praise

Law360, Ryan Davis, August 24, 2026

A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

Law360, Ryan Davis, August 20, 2026

The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

Law360, Dani Kass, August 18, 2026

The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court. Askeladden said in an amicus brief that the instant appeal is a perfect way to address the agency's approach to institution, as there is no underlying concern over the merits of an unappealable application of the policy.

2025 Patent Litigation: A Year In Review

Law360, Ryan Davis, August 4, 2026

More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents. Additionally, the number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

Law360, David Glass & Reilley Keane, July 31, 2026

Under Director John Squires, the U.S. Patent and Trademark Office has signaled a more permissive stance toward patent eligibility, particularly for AI-related inventions. However, the Federal Circuit continues to apply the framework established by the Supreme Court's 2014 decision in Alice Corp. v. CLS Bank International rigorously. Squires issued an updated memorandum, superseding the December 2025 guidance for best practices for submission of Rule 132 subject matter eligibility declarations. The USPTO proposes making the SMED memo a living document that will incorporate periodic updates based on practitioner experience and gathered knowledge.

Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

Law360, Ryan Davis, July 30, 2026

Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act. In a cert petition, the electric-vehicle maker appealed a February decision by the Federal Circuit rejecting its argument that the office has no authority to use the scheduled trial date in related litigation as a reason not to review patents.

Patent Eligibility Reforms Keep Chasing The Wrong Fixes

Law360, Amee Shah, July 29, 2026

Patent eligibility was never going to be clear. Congress wrote Section 101 of the U.S. Patent Act broadly on purpose, knowing that innovation cannot be predicted. Any statute trying to enumerate what is patentable today could be wrong tomorrow. Courts were always going to fill that gap. After two decades inside this system, I think the fixes have been pointed in the wrong direction.

High Court Asked To Take Another Settled Expectations Case

Law360, Adam Lidgett, July 28, 2026

E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue. The patent office set that time frame at about six years. Kahoot argued that was an "arbitrary" number, and it contended that using a patent's age to deny review went against the America Invents Act, which set up the current inter partes review system. Kahoot argued that "congressional grant of discretion does not authorize the USPTO to rely on an arbitrary patent age limit that is wholly absent from the statutory timing framework."

USPTO Calls For More Info In Anonymous Reexam Requests

Law360, Ryan Davis, July 21, 2026

The U.S. Patent and Trademark Office called for ending the practice of allowing those requesting patent reexamination to remain completely anonymous, instead proposing a rule that would require them to identify themselves and interested parties to the office, but not the public.