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...

5/18/2026 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...

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...

4/1/2024 7:20:00 PM

Window Shade Bracket Design is Not Protectable Trade Dress

By Jason Rockman Jake Wharton

The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a...

2/16/2024 9:09:00 PM

Can a Wood Grain be Copyrighted? Yes, if the Pattern is Original and Human Made

By Jack Hicks

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

1/29/2024 4:16:00 PM

California Church Wins Permanent Injunction Prohibiting Wedding Venue From Using Church’s Distinctive Trade Dress For Chapel

By Jack Hicks Jason Rockman Jake Wharton

Defendant Agrees to Tear Down and Rebuild Chapel to Remove Distinctive FeaturesWayfarers Chapel, a Rancho Palos Verdes church, sued...

1/12/2024 4:26:00 PM

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

By Jack Hicks Jason Rockman Jake Wharton

Federal Court Dismisses Federal Law Claims—Tells Cabinet Company to take Remaining State Law Claims to State Court The U.S. District...

11/16/2023 2:23:00 PM

USPTO Creates Design Patent Practitioner Bar

By Jack Hicks Jason Rockman Cory Schug +1 more...

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO....

10/31/2023 2:13:00 PM

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

By Jack Hicks Jason Rockman Jake Wharton

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of...

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