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Patently-O

patentlyo.com

The nation's leading patent law blog

Society / politics / economy

’05’10’15’20’25
Posts
9,726 from 6 Apr 2004 to 31 Oct 2026
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about daily (322 in the last year)
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personal blog
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Latest

October 2026

  1. Building the Internet We Want: Law for a Connected World
  2. The En Banc Queue for October 2026
  3. The Wait for a First Action, by Technology
  4. Design Patent Infringement Test Heads Toward the Supreme Court
  5. Revived and Forgotten: Should This Patent Issue?
  6. The Wait for a First Action
  7. Issue Fee to Grant: The Wait Has Doubled
  8. Who Owns the Land Under the Trail?
  9. Two Board Decisions Reaching Past the Briefs
  10. Supreme Court Patent Cases
  11. PTAB Affirmance by Rejection Type, 2009–2026
  12. Can Your Computer Corroborate Your Invention Date?
  13. PTAB Section 101 Appeal Data, 2009–2026
  14. Reading the Bench: Predictions for Five October Federal Circuit Arguments
  15. A Toothbrush, a Lost Patent, and 170 Years of Claim Drafting
  16. Subject Matter Eligibility Declarations: An Empirical Study of Rule 132 Evidence and Examiner Response
  17. Inter Partes Review (IPR) Filings Collapse to a New Normal
  18. PTAB Law School Moot Court Competition Set for Spring 2027
  19. After Williamson: Who Changed Their Claims, and Where the Function Went
  20. Jepson and Other Point-of-Novelty Claims in U.S. Patents, 1976–2026
  21. Out of Line: Chief Judge Moore Rebukes Counsel, Then Leans Toward Reversal in J&M v. Kinze
  22. Parting Shot: Mandamus Sends USC v. Google from Judge Albright’s Austin Docket to N.D. Cal.
  23. Pre-Suit Validity Investigation: When Must a Patentee Look Before Suing?
  24. FY2026 Patent Data Update: Grants, Publications, and Cross-Border Inventors
  25. Ease Is Not Necessity: Third Circuit Affirms No Fair Use in Thomson Reuters v. ROSS
  26. Clear but Impossible: Satius v. Samsung Moves Inoperable Claims from Indefiniteness to Enablement
  27. Method or Molecule: Judge Dyk Dissents from En Banc Denial in Teva v. Lilly

September 2026

  1. One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines
  2. Tie Goes to the Applicant: The USPTO’s SMED Flowchart
  3. This Is Not a Feature Vector: Zentian v. Apple
  4. Who Owns Mind Reading?
  5. Before Lowell: The Patent System’s Early Rejection of Moral Judgment
  6. RCEs Are Rising Again: But Applicant Behavior Isn’t the Main Cause
  7. The Federal Circuit Expands Its Jurisdiction Yet Again
  8. 24 Days Late, Not Six Months: The Missing Judgment in Heidary v. Amazon
  9. Patent Docket Heading into the Supreme Court’s Long Conference
  10. FY2026 Utility Grants by Origin and Continuity
  11. The Missing Inventor Problem
  12. Objective Baselessness in Carnegie v. Fenix Diamonds
  13. When the PTAB’s Broadest Reasonable Interpretation Goes Too Far
  14. The Federal Circuit Extends Sanho to the Section 102(b)(1)(B) Grace Period
  15. Shield and Sword: Sovereign Immunity, Discovery, and Rule 19 After TexasLDPC v. Broadcom
  16. Advisory Only: PTAB Judges Join Examiner Appeal Conferences
  17. When R&D Counts as a Domestic Industry
  18. Patent Enforcement with DOJ Backing: Rare Breed’s Forced-Reset Trigger Campaign
  19. Take or License: Can a Contract Cap Trade Secret Damages at a Royalty?
  20. Who Keeps the Skill: A Randomized Trial of AI Patent Drafting at Eleven Firms
  21. Back to Vail: The IP CLE Conference, January 6-9, 2027
  22. It’s Down There Somewhere: Viavi’s Section 285 Fee Award Affirmed
  23. CAFC Oral Args
  24. A USPTO Docketing Change Behind the Terminal Disclaimer Collapse
  25. Prof John Duffy Next USPTO General Counsel
  26. En Banc: Did Ramey Appeal His Own Sanction?
  27. Strings Attached: The House Hearing on Renewing USPTO Fee Setting Authority
  28. A Patent Purchase Scam Targeting Patent Attorneys
  29. Hurdling Eligibility with a “Separable Interface”
  30. OED Orders from Summer 2026

August 2026

  1. The Federal Circuit Edits Its Damages Footnote in Constellation Designs v. LG
  2. Personal Privilege: Why Improper Venue Did Not Stop the § 101 Dismissal
  3. An Ordinary Word: T-Mobile v. KAIFI and What Counts as a Patent Case
  4. USPTO Fee Setting Authority and PTAB Institution Reform
  5. Short of Disavowal: Narrowing ‘Provision’ and ‘Activate’ in Zilkr v. Cisco
  6. A Year of Patent Cert Denials
  7. Design Patents Did It: How China Passed Japan in US Patent Grants
  8. Allowable Subject Matter in the Final Rejection
  9. Right vs. Remedy: No Standing to Challenge the Patent Cover’s ‘Right to Exclude’ Promise
  10. Problem Statements and the Scope of Prior Art
  11. Pleading Licensee Marking After VDPP v. Volkswagen
  12. Allowable, Not Allowed: What the First Action Predicts
  13. Rejected, With a Road Map: Allowable Subject Matter in the First Action
  14. Can Harassment Risk Alone Support Obviousness-Type Double Patenting?
  15. Not Before Us: The Federal Circuit Sidesteps Schedule A in Jacki Easlick
  16. The Trail Guide Problem: Judge, Jury, and Design Patent Claim Construction
  17. Provisional Prior Art
  18. Ex parte Baurin and the Anti-Harassment Rationale for Double Patenting
  19. Examiner Allowance Rates Under Director Squires
  20. Rise of AI Patents and their Corresponding Eligibility Rejections
  21. SCOTUS: Patent Owner Joins the Section 314(d) Cert Queue
  22. Rise of OpenAI in the Patent System
  23. Judge Newman’s Name may soon be on the Bench, Even if she is Barred from Entry
  24. Partial Retreat: Ten Months of § 101 Data After the Surge
  25. Back to 1789: Collision Asks the Federal Circuit to Rewrite the eBay Factors
  26. Boilerplate or Not: Reading “Secure” Broader Than IPSec in MPH v. Apple
  27. Has Patent Term Adjustment Peaked?

July 2026

  1. Rejection Is Not Denial: What a Final Office Action Actually Costs
  2. Four Petitions, One Question: Tesla Joins the Supreme Court’s IPR Reviewability Docket
  3. The Pre-Dawn USPTO Filing Window
  4. Before the Sensor: Filter Ordering and Self-Collision in Amsted Rail v. Squires
  5. FRAND at the Pool Level
  6. Two Pages of Testimony: JMOL of Anticipation in Board of Regents v. Boston Scientific
  7. A Cleaner Test Case: Why Kahoot! Adds Fire to the Supreme Court’s Settled Expectations Docket
  8. Anonymous No More: Real-Party Disclosure Comes to Ex Parte Reexamination
  9. Sedlik en Banc: A Menu for Replacing Copyright’s Intrinsic Test
  10. A Double Shot at Copyright: SCOTUS to Weigh Worldwide Termination Rights
  11. The Filing Clock: Hour-of-Day Patterns in USPTO Electronic Submissions
  12. RCEs, Abandonment, and the Vanishing Patent Appeal
  13. Value From the Beginning: The Book of Wisdom’s Limit in 4DD Holdings v. United States
  14. Modest Rule, Real Traps: The USPTO’s Foreign-Applicant Representation Requirement Takes Effect July 20
  15. From Genes to Machines: PERA’s First Full-Committee Hearing
  16. The Survivors: IPR Petition Filings Stay Low and Highly Targeted in 2026
  17. Fast to Deny, Slow to Grant: The Range of Motion En Banc Petition at 102 Days
  18. Still a Lawyer, Not a Practitioner: Schindler v. Squires and the Reach of Practice Before the Office
  19. Locked In or Left Open: A Decision Matrix for PTAB Fact Findings After Appeal
  20. Looking Forward: Why Completed Conduct Often Cannot Support a Preliminary Injunction
  21. Refilling the Pipeline: Two New Section 101 Petitions Heading to the Supreme Court
  22. Narrowed to Clear the Art: The Enablement Cost of Wyeth’s Unit Dosage Claims
  23. Words are Magic: What Counts as Applicant Admitted Prior Art in In re GE Vernova Hitachi
  24. Code Without Structure? TrackTime v. Amazon and the § 112(f) Redo After Dyfan
  25. Whole or Apportioned: Sunoco Asks the Supreme Court to Rethink Lost Profits
  26. Three Is Company, Two’s a Trial: Reference Counts in Federal Circuit Obviousness Appeals
  27. The Risk of a Preliminary Answer: Injunction Bonds and the Generic Launch
  28. The En Banc Queue for July-2026
  29. Supreme Court Takes Up Whether Trademark Strength Belongs to Judge or Jury

June 2026

  1. Locked In at the Lectern: How the Federal Circuit Uses Oral Argument
  2. Provisional Typo Spoils Priority Date
  3. Three Is Company: New Data on § 103 Reference Counts
  4. Found vs. Findable: Judge Stark Maps the Skilled-Searcher Test
  5. En Banc Ninth Circuit to Reconsider Copyright’s Total Concept and Feel Test
  6. Same Direction, Different Engines: FY2026 Utility and Design Grant Projections
  7. Pre-Negotiated: How Continuations and Art Units Shape the First-Action Allowance
  8. The First Offer Accepted: First-Action Allowances and the Track 1 Premium
  9. The Federal Circuit’s Expanding Grip on Dismissed Patent Claims
  10. Has the Late-Continuation Surcharge Shifted Filing?
  11. Hooked on Differences: Design Patent Doctrine and Schedule A Litigation at the Federal Circuit
  12. It’s Not You, It’s Your Claims: Disclosed but Unclaimed Embodiments at the Federal Circuit
  13. Trading Claims for Speed: USPTO Sweetens the Streamlined Claim Set Pilot
  14. Enforceable, but Not Reviewable: A Breached Sotera Stipulation and § 314(d)
  15. Six Petitions, Six Placeholders: The Patent Docket Awaiting the Supreme Court
  16. Integrity Versus Repose: When Claim Preclusion Bars Fraud on the Court
  17. What the Verdict Might Have Said: Jury Black Boxes in Ollnova v. ecobee
  18. Foreseeable Is Not Inducing: Hikma v. Amarin
  19. Wine Railway and the Patent Marking Statute: Is a Covenant Not to Sue a Patent License?
  20. Cheap Text, Expensive Claims: Fee Asymmetry and the Growing Patent Document
  21. Plain, Ordinary, and Unresolved: Woodway’s Two-Front Claim Construction Fight
  22. A United Front Against “Settled Expectations”
  23. Pay to Cite: Applicant Disclosures Drop After the January 2025 IDS Surcharge

May 2026

  1. Old Soil, New Clock: The DTSA Discovery Rule After Insulet v. EOFlow
  2. The Myth of Patent Growth
  3. Why SCA Hygiene Doesn’t Reach Hyatt
  4. Revisiting Sixteen Years of §101 After a Data Correction
  5. Inter Partes Review in 2026
  6. The Unjust Enrichment Option: A Trade Secret Plaintiff’s Choice of Remedy
  7. Borrowing from the Board: District Court Obviousness in the Post-IPR Era
  8. Categorical Rules Cut Both Ways: Originalist Equity, NPE Status, and the Symmetry of eBay’s Four-Factor Test
  9. Williamson Found Its Mark: New Data on Functional Claim Language, 1976-2026
  10. The Survivors: Post-IPR Claims, the Presumption of Validity, and the Limits of § 285
  11. Justice Up Close: The Federal Circuit Opens Its Doors for America 250
  12. Drafting Fixable vs. Amendment Created: A Tale of Two §112 Rejections
  13. Amazon as Prior Art: The Rise in Design Patent §102 Rejections
  14. Polar Electro’s New § 101 Cert Petition: When Courts Do the Challenger’s Job

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