Patents – IP Law Watch

Dividing and Conquering: Best Method Obligations Follow Every Divisional Patent Application

Apr 15 2026

In an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International¹ 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.

USPTO Introduces Patent Owner Pre Order Submission on SNQ in Ex Parte Reexam

Apr 07 2026

In 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).

UKIPO Set to Increase Fees for the First Time in Years from April 2026

Nov 26 2025

On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026. This marks the first major adjustment in years: trade mark fees have not increased since 1998, design fees since 2016 and patent fees since 2018.

USPTO Director Squires Signals Future Update to AI Patent Eligibility Guidance at 2025 AIPLA Annual Meeting

Nov 14 2025

At the 2025 American Intellectual Property Law Associate (AIPLA) Annual Meeting, John Squires, Director of the United State Patent and Trademark Office (USPTO), delivered a keynote speech that may prove pivotal for future examination of subject matter eligibility. While Director Squires touched on a range of goals for managing the patent office, the core of the address centered on his view of subject matter eligibility for artifical intelligence (AI)-related inventions.

USPTO Launches Streamlined Patent Application Program

Nov 06 2025

For applicants with a patent application having, or amended to have, a streamlined claim set—one independent claim and a maximum of nine singly dependent claims—the United States Patent and Trademark Office (USPTO) recently launched a new mechanism for accelerating initial review of the application. This Program (the Streamlined Claim Set Pilot Program) is separate from the USPTO’s existing procedures to advance out of turn (accord special status) the examination of a utility application, which includes (1) a petition to make special, or (2) a request for prioritized examination.

Patent Victory? Here’s When You Decide Between Damages or an Account of Profits

Sep 29 2025

The Federal Court of Australia has clarified when a successful patentee must make an election for pecuniary relief in Vehicle Monitoring Systems Pty Ltd (VMS) v SARB Management Group Pty Ltd (SARB) (No 13) [2025] FCA 1078.

Keep Spinning: Aristocrat Finally Hits the Patent Jackpot

Sep 17 2025

The Full Federal Court recently issued a game changing decision in Aristocrat v Commissioner of Patents [2025] FCAFC 131, which has major implications for the patentability of computer-implemented inventions.

Return to In-Person Patent Trial and Appeal Board Hearings

Jul 23 2025

Effective 1 September 2025, all hearings before the Patent Trial and Appeal Board (PTAB) will be conducted in person. Parties involved must attend these hearings physically and in person unless they can demonstrate a valid reason for not doing so. Acceptable justifications typically include situations such as significant financial difficulty for the arguing attorneys, medical issues, or similar substantial barriers to travel.

First Denial Based on USPTO’s New Discretionary Denial Factors

Jun 13 2025

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv factors should be addressed going forward. Shortly after, Acting Director Stewart issued a memorandum titled “Interim Processes for PTAB Workload Management” that provided additional non-Fintiv discretionary factors that should be assessed to determine whether discretionary denial of an IPR petition is appropriate.

Detailed Guidance on New USPTO IDS Size Fees

Apr 04 2025

On 19 January 2025 the USPTO enacted a new Information Disclosure Statement (IDS) size fee. A new IDS size fee, codified under 37 C.F.R. 1.17(v), is accrued for any pending application when the number of cumulative references cited by the applicant exceeds each of 50, 100, and 200 references (hereinafter, “IDS Size Fee”).

Category:Patents