Continue to Monitor Evolving AI Regulations and Requirements
On December 11, 2025, a new Executive Order titled “Ensuring a National Policy Framework for Artificial Intelligence” was issued, signaling renewed federal interest in AI regulation.
Patent
USPTO Patent Fee Changes: What You Need to Know
The US Patent and Trademark Office (USPTO) has released a final rule implementing increases to various patent fees, effective January 19, 2025. This will impact 433 patent fees, including the introduc...
Allergan ‘First’ Exception to Cellect ODP Scenarios
In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenti...
Highlights of the USPTO’s Updated Guidance on Subject Matter Eligibility Including Artificial Intelligence
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence.
LKQ v. GM: What In-House Counsel Needs to Know About This Change in Design Patent Law
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-...
USPTO Proposed Terminal Disclaimer Can Terminate Patents
The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP). Specifica...
How The FTC Noncompete Rule Impacts Your Intellectual Property
On April 23, 2024, the FTC adopted a comprehensive ban on noncompetes. The FTC’s noncompete ban affects both intellectual property protection and employment agreements/procedures. We recommend consult...
USPTO Inventorship Guidance for AI-Assisted Inventions: Key Takeaways
AI-assisted inventions can be patented, provided there is a significant contribution by at least one natural person The USPTO has now published guidance explaining how the determination of inventorshi...
Executive Order on Artificial Intelligence: What Steps In-House Counsel Should Take Right Now
On October 30, 2023, the White House published the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (“Order”). The volume, scope, and goals of the ...
Supreme Court Issues Decision in Amgen v. Sanofi
On May 18, 2023, the Supreme Court issued a decision in Amgen Inc. et al. v. Sanofi et al., Number 21-757, holding that a patent claiming an entire class of processes, machines, manufactures, or compo...
Notice of USPTO Filing Surcharge in 2023
As you may know, starting April 3, 2023, the United States Patent and Trademark Office (USPTO) will begin assessing a new surcharge for all nonprovisional utility applications filed under 35 U.S.C. § ...