SCOTUS to decide: Can authors recapture worldwide copyright rights upon termination? Publishers challenge the Fifth Circuit's Vetter v. Resnik ruling. A major case for creators and the publishing industry alike. Read our analysis on Patently-O.

When do patent practitioners file? Our latest analysis reveals fascinating USPTO e-filing patterns: peak submissions hit 3pm ET, with new applications clustering Friday and office action responses Monday. Discover what the data shows at Patently-O.

RCE filings have skyrocketed since 2005 - now quadrupling abandonments and appeals combined. Yet most disposed applications never file one. What's driving this surge? Read our latest analysis on Patently-O.

Federal Circuit vacates copyright award in 4DD Holdings v. United States, finding limits to the "book of wisdom" doctrine in Section 1498(b) damages cases. New analysis on Patently-O.

Foreign patent applicants take note: New USPTO rules kick in July 20, 2026. You'll need a registered U.S. patent practitioner to represent you. What does this mean for your filings? Find out on Patently-O.

At PERA's first full-committee hearing, the debate crystallized: does the "unmodified human gene" carve-out codify Myriad or reopen gene patents? Patently-O breaks down the latest developments in this critical patent fight.

IPR filings remain at historic lows through mid-2026, but the petitions that survive are highly strategic and still getting instituted. Read our latest analysis on Patently-O.

At 102 days pending, the Range of Motion design patent en banc petition has exceeded the Federal Circuit's median grant time. What does the clock tell us? Read our latest analysis on Patently-O.

A pro se patent attorney challenges his two-year USPTO suspension at the Federal Circuit. Can a lawyer skirt practice restrictions by helping an excluded practitioner? Read Patently-O's analysis of Schindler v. Squires.

New on Patently-O: The Federal Circuit reverses Ridge v. Kirk NationaLease, holding that completed conduct and speculative harm cannot support a preliminary injunction. A critical decision for forward-looking patent relief.

New on Patently-O: When PTAB findings get appealed to the Federal Circuit, which ones stay locked in and which ones come back open for reconsideration? A look at Intellectual Pixels v. Sony and what it means for your appeal strategy.

The Supreme Court's Section 101 docket keeps growing. Three new petitions are due this fall, adding to 89 eligibility cases filed since 2017 with no merits grants. Will this be the year the Court finally takes one? Read the latest on Patently-O.

Wyeth v. AstraZeneca: Federal Circuit affirms that method-of-treatment claims lack enablement when they fail to teach a workable daily patient dose. Read why specificity matters on Patently-O.

Fed. Cir. sends TrackTime v. Amazon back for reconsideration on executable program code indefiniteness under 112(f), while LiveNote threatens another patent. New analysis on Patently-O.

Can Timberland's iconic boots be protected as trade dress? This classic Patently-O post explores whether nearly 50 years of sales and market recognition can shield the distinctive design without patents or copyrights.

Sunoco's new cert petition challenges the Federal Circuit's lost profits framework - testing whether damages should be calculated on whole products or apportioned components. Read our analysis on Patently-O.

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New data reveals a striking trend in Federal Circuit obviousness appeals: courts cite fewer prior art references (2.4 on average) than the USPTO (3.1). Juries go even leaner. What does this mean for your appeals strategy? Read our latest analysis on Patently-O.

New on Patently-O: The Federal Circuit's important ruling in Otsuka v. Hetero on preliminary injunction bonds. A win on the merits, but a cautionary tale on Rule 65(c) waivers. What generic filers need to know.

The Federal Circuit's en banc docket is heating up. Patently-O breaks down the 12 pending patent rehearing petitions - from PTAB burden disputes to design infringement questions. See what could reshape patent law next.

SCOTUS is weighing in on trademark law: Does a judge or jury determine trademark strength? Follow the RiseandShine v. PepsiCo case on Patently-O as the Supreme Court takes up this critical question - even over the Solicitor General's recommendation to stay out.

Federal Circuit judges have dramatically increased their reliance on oral argument in opinions. A new Patently-O analysis reveals they now quote oral argument 143 times yearly - up from almost never in 2007. Nearly half are concessions. Read the full breakdown.

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A classic Patently-O post worth revisiting: MacDermid v. DuPont asks the Supreme Court to reinvigorate the obviousness doctrine with flexibility for unpredictable arts like pharma and biotech. What's the right standard?

A costly typo in Enanta's provisional application just cost them their priority date on the Paxlovid patent. The Federal Circuit ruled that claiming C2-C12 alkyl didn't adequately describe the C1 species actually used. Read the full analysis on Patently-O.

New data from 74,430 USPTO rejections reveals how many references examiners actually use for obviousness rejections. Most § 103 combinations use just 2-3 references. But when does a chain of obvious steps cross the line? Read the analysis on Patently-O.

New on Patently-O: Judge Stark's concurrence in Ironburg II draws an important distinction between findability and discoverability in the skilled-searcher test, potentially reshaping IPR estoppel analysis. A must-read for patent practitioners.

Throwback to an important ethics insight: New York allows lawyers to partner with Japanese benrishi (patent agents) - a notable exception to the usual prohibition on lawyer-nonlawyer partnerships. Patently-O breaks down what this means for international patent practice.

Breaking: The Ninth Circuit grants en banc rehearing in Sedlik v. Von Drachenberg, reconsidering copyright's "total concept and feel" test. A major development for copyright law on Patently-O.

Throwback to our 2021 Supreme Court patent coverage: Minerva Surgical v. Hologic on assignor estoppel was the remaining patent case that term. Patently-O tracked all the action. Worth revisiting this classic analysis.

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First-action allowances aren't what they seem. New analysis on Patently-O reveals how continuations and art unit differences create misleading statistics - electrical apps fare better than biotech, and prior filings outperform initial submissions.

New Patently-O analysis: USPTO data on 8 million first actions reveals a dramatic collapse in allowance rates and rising pendency times. See how Track 1 applications are beating the odds with faster approvals.

New on Patently-O: A nominally without-prejudice patent dismissal functioned as with prejudice under § 286, keeping Insulet's trade secret appeal in the Federal Circuit. How is the court expanding its reach?

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New data on Patently-O: Has the late-continuation surcharge shifted filing behavior? We analyze the January 2025 rush and sustained drop in long-EBD filings since the USPTO's surcharge took effect.

Exciting opportunity: Sales Attorney position available at a law firm, remote work! Browse more patent law jobs on Patently-O's job board. Apply today and advance your career in IP law. https://patentlyo.com/jobs

Easlick v. AccEncyc is heading to the Federal Circuit with a compelling question: how similar must design patents really be? Patently-O digs into this rare appellate test of Schedule A litigation.

Revisiting a classic from our archives: how claim language limits patent scope. In Indacon v. Facebook, the Federal Circuit examined whether "custom links" in a database patent were as broad as the inventor hoped. A great reminder of why precision in claim drafting matters.

THROWBACK: The Supreme Court unanimously sided with patentees in Halo v. Pulse, rejecting rigid limits on enhanced damages. A landmark decision worth revisiting - read Dennis Crouch's analysis on Patently-O.

Revisiting a classic from Patently-O: The Federal Circuit's DuPont analysis in FocusVision v. Information Builders. When does FOCUSVISION infringe on FOCUS marks? A must-read on trademark similarity and registration refusals.

New on Patently-O: The Federal Circuit weighs in on unclaimed embodiments in Dynapass v. BofA. A cautionary tale about disclosed but unprotected inventions - and why claiming what you invent matters.

Hafeman v. Google: The Federal Circuit finds a breached Sotera stipulation unreviewable under Section 314(d). A troubling one-sided trap in patent law. Read the latest analysis on Patently-O.

From the Patently-O archives: Judge Van Ness, Aaron Burr's famous second, penned a fascinating 1826 patent opinion that reveals his character beyond historical notoriety. A classic worth revisiting.

The Supreme Court's patent docket is heating up. Patently-O breaks down six petitions and the key issues at stake - from settled expectations to prosecution laches. Which case will the justices take?

Integrity Versus Repose: The Eleventh Circuit holds that res judicata bars a patent-rooted fraud-on-the-court claim, even as Capital Security readies a Supreme Court petition. Read the analysis on Patently-O.

New on Patently-O: The Federal Circuit vacates the Ollnova v. ecobee verdict, finding problems with jury unanimity and the Alice step two charge on abstract ideas. What might the verdict have actually said?

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Supreme Court unanimous: skinny-label inducement hinges on what the generic actually did, not how a physician might read it. Hikma v. Amarin clarifies the standard. Read the analysis on Patently-O.

Supreme Court cert petition in Ortiz v. Vizio challenges Federal Circuit's expansion of patent marking requirements to NPEs. Does a covenant not to sue count as a license? Patently-O explores the conflict with Wine Railway and Dunlap precedents.