Insights

7/6/2026 9:45:00 PM

USPTO Expands U.S. Patent Counsel Requirements for Foreign Applicants and Patent Owners

By Karthika Perumal Jeffrey Whittle

Beginning July 20, 2026, parties based outside the United States or its territories will need USPTO-registered patent counsel for a broad...

6/16/2026 4:33:00 PM

Life in the Fast Lane: USPTO Waives Petition Fee for Expediated Examination

By Reid Barber Cory Schug

With some additional limitations, the United States Patent and Trademark Office (USPTO) is allowing expedited examination by waiving the...

5/22/2026 3:18:00 PM

Standing on Solid Ground: Constitutional Standing in Patent Disputes

By Karthika Perumal Jeffrey Whittle Samuel Savanich +1 more...

Exclusive patent licenses can create a threshold litigation risk if they transfer substantial control without preserving a sufficient...

5/18/2026 3:38:44 PM

(Licensing Interntional) Patents as a Business Asset in Brand Expansion

By Kyle W. Kellar Pete Bromaghim

4/30/2026 7:20:42 PM

(Licensing International) Patents in Co-Branding and Collaborative Product Development

By Karthika Perumal Michael Samardzija

4/27/2026 4:31:00 PM

Why Patent Reexaminations Are Experiencing a Resurgence

By Constantine Marantidis G. Warren Bleeker Kyle W. Kellar

For much of the past decade, post grant patent practice in the United States was dominated by the post-grant proceedings formed as part...

4/3/2026 6:29:00 PM

Inventorship Errors Can Undermine Patent Value: Practical Steps to Reduce Risk

By Karthika Perumal Michael Samardzija Jeffrey Whittle

Get inventorship wrong, and a valuable patent can become unenforceable. A patent must accurately name the individuals who invented the...

3/17/2026 4:50:00 PM

Domestic Industry Comes to the PTAB?

By Preston Heard

On March 11, 2026, USPTO Director John A. Squires issued a memorandum introducing new discretionary factors for the institution of inter...

3/12/2026 3:27:00 PM

Functional Or Ornamental? An Accused Infringer’s Cited Prior Art May Narrow Design Patent Claim Scope

By Jason Rockman

A design patent may include only one claim and it “shall be in formal terms to the ornamental design for the article.” But the scope of...

12/9/2025 9:19:00 PM

USPTO Suggests Use of Rule 132 Declarations and Updated Examiner Guidelines to Address Patent Subject Matter Eligibility Issues

By Seiko Okada Jeffrey Whittle Samuel Savanich +1 more...

In follow up to the August 4, 2025 guidance and the September 26, 2025 In re Desjardins decision, the USPTO recently took another...

9/2/2025 5:49:00 PM

Revival of the Non-Practicing Entity Preliminary Injunction?

By John H. Wright III Cory Schug

SummaryA recent filing by the U.S. government in a pending Eastern District of Texas litigation signals a renewed interest by the current...

8/4/2025 2:43:00 PM

Reminder: “Consisting essentially of” Is U.S. Patent Claim Language Needing Interpretation

By Jeff McIntyre

On June 30, 2025, the Federal Circuit issued a precedential opinion in Eye Therapies v. Slayback Pharma in which the court interpreted...

8/1/2025 12:53:00 PM

USPTO Removes Reliance on Applicant Admitted Prior Art in IPR Proceedings

By Kyle W. Kellar Preston Heard

On July 31, 2025, the acting Director of the United States Patent and Trademark Office (USPTO) published a memorandum making a...

6/27/2025 5:19:00 PM

USPTO Newest Discretionary Denials on Settled Expectations — Best Practices for Petitioners and Patent Owners

By Fabio E. Marino Yi Wilkinson

An audio summary of this article is available in the player below. Scroll to keep reading. Listen and subscribe to Womble Perspectives...

6/3/2025 5:31:00 PM

Update for International Trademark Holders: US Incorporates Madrid Protocol Amendment

By Alexander Wharton Jake Wharton

How can trademark owners transition from a national or regional registration to an international registration in a designated territory...

2/13/2025 11:00:20 PM

(Westlaw Today) Don't get caught with problems in obtaining European patents

By Dan Ovanezian

Womble Bond Dickinson