In a recent sua sponte rehearing decision from the United States Patent and Trademark Office’s Appeals Review Panel (ARP), it reversed an earlier Patent Trial and Appeal Board decision and held that obviousness-type double patenting (OTDP) may remain a concern even when a challenged patent would expire before the patent used as the OTDP reference.
Read MoreThe USPTO appears poised to finalize a significant revision to Patent Trial and Appeal Board (PTAB) practice. A final rule titled Revision to Rules of Practice Before the Patent Trial and Appeal Board (90 FR 48335) is currently undergoing Executive Order 12866 review (RIN: 0651-AD89), indicating that agency review has been completed and the rule is nearing publication.
Read MoreIn a precedential order issued 22 June 2026, USPTO Director John A. Squires took the rare step of initiating sua sponte Director Review across three inter partes review (IPR) proceedings to provide meaningful guidance on when “exceptional circumstances” justify extending the 30-day deadline to seek Director Review of an institution decision.
Read MoreIn a decision with major implications for brand strategy, the High Court of Australia has upheld a high bar for traders to adopt a brand name “honestly”.
Read MoreIn an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International 1 held that the relevant date for assessing the best method known to the applicants is the filing date of each divisional application. This judgment carries significant implications for patent filing and litigation strategies, as patentees must consider the adequacy of the best method disclosures in existing and future divisional patent specifications.
Read MoreIn an Official Gazette notice dated 1 April 2026, the USPTO announced a new procedure allowing patent owners to submit a limited “pre order” paper addressing whether a third party ex parte reexamination request raises a Substantial New Question (SNQ) of patentability under 35 U.S.C. § 303(a).
Read MoreThe High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry (born Katheryn Hudson) and Australian fashion designer Katie Taylor (born Katie Perry).
Read MoreOn 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine. The Government had seized approximately thirty-one documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege because the inputs included attorney-learned information, were created to facilitate consultations with counsel, and were later shared with counsel.
Read MoreThe Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.
Read MoreThe United States Patent and Trademark Office (USPTO) has proposed significant changes to the rules governing Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). These revisions aim to enhance fairness, efficiency, and predictability in patent disputes, while curbing duplicative and costly litigation. Notably, these changes do not apply to Post-Grant Review (proceedings that must be filed within nine months of the patent issue date).
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