Graham's four factors provide the framework, but they don't seal the deal on obviousness. Discover how the doctrines built on top of them do the real analytical work in our latest Patently-O analysis.

Breaking: PTAB inventory drops below 2,000 for the first time in 20 years. Appeal pendency falls to 9 months as IPR institutions decline 43% under Director Squires. A major shift in patent litigation landscape. Read the analysis on Patently-O.

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New on Patently-O: Does a settlement license trigger the § 287 marking requirement for NPEs seeking pre-suit damages? The Federal Circuit panel had some sharp questions for patent counsel in this latest decision.

New on Patently-O: A striking empirical study of 233M citations reveals that nearly 25% of office actions now cite secret prior art. But does the legal measure overstate the practical problem? Read our analysis.

The Federal Circuit tackles a thorny question in EagleView v. Nearmap: can the printed matter doctrine undermine secondary considerations evidence of non-obviousness? A new analysis on Patently-O explores the implications.

Surprising takeaway from the Federal Circuit: when trademark designs are sufficiently different, that alone can resolve a likelihood of confusion case. The court just said X marks and stick figures don't mix. Read the latest on Patently-O.

New on Patently-O: The Federal Circuit just raised the bar for PGR challengers. In ironSource v. Digital Turbine, petitioners must now establish injury to substitute claims, not just original ones. A critical reminder that amended claims can outpace your standing argument.

Throwback: Why HP couldn't use an obviousness defense against MPHJ's patent enforcement campaign, even if the patent was obvious. A classic Patently-O deep dive into patent litigation strategy and the limits of available defenses.

Inventorship invalidity survived the AIA's repeal of section 102(f). Patently-O explores how the Federal Circuit is rebuilding inventorship law from 1790 through Fortress Iron and AI in our latest post.

New on Patently-O: A Federal Circuit case of first impression raises troubling questions about patent validity when a coinventor cannot be located for correction under Section 256. What does this mean for AI-generated inventions?

Fascinating data: we've animated 116 years of US patent inventor names. Women patent at lower rates, but there's another trend - parents choose far more conservative names for boys. See which names dominate the patent landscape on Patently-O.

New on Patently-O: A Federal Circuit decision in Puradigm v. DBG clarifies that prosecution disclaimers stick - even when examiners reject them. The ruling extends disclaimers to logical variants of prior art, reshaping claim interpretation strategy.

Throwback to when the Defend Trade Secret Act sailed through the Senate unanimously. A rare moment of IP law consensus that created a federal cause of action for trade secret misappropriation. Revisit this classic Patently-O analysis on how gridlock gave way to landmark legislation.

The USPTO's April Fool's joke about an AI tool for patent eligibility might be funny - but it perfectly mirrors real policy on Alice, SMEDs, and AI examination. Read the full analysis on Patently-O.

New guest post on Patently-O: Professors Lefstin and Menell examine PERA's eligibility exclusions and propose important revisions, including addressing nontechnological utility and adding a research exemption for natural materials.

Great opportunity for IP lawyers! GW Law is hiring a Visiting IP Fellow through the Frank H. Marks fellowship. Perfect for launching an academic career. Applications due April 24. Learn more on Patently-O.

The Federal Circuit just made it harder for component patent owners to prove nonobviousness. In MRI v. Squires, the court affirmed the PTAB's finding that the patent holder failed both tracks of the nexus test for objective indicia. Read the full analysis on Patently-O.

Federal Circuit tackles a tricky question: Can something be both publicly disclosed in a patent AND protected as a trade secret? A $21M case involving penile implant designs shows why this matters. Read the latest on Patently-O.

New on Patently-O: A fascinating clash emerges as a cert petition challenges the Federal Circuit's § 101 reversal - one that contradicts the USPTO Director's own appellate defense of the PTAB's eligibility finding. Agency guidance meets judicial skepticism.

Director Squires faced tough questions from both sides of the aisle at his House oversight hearing. Key topics: IPR institution policy, retroactive de-institution, and PTAB reform. Read the full breakdown on Patently-O.

The Federal Circuit just expanded the ITC's domestic industry framework in a major Apple Watch ruling. Iterative prototypes and circumstantial evidence now count - a significant shift in patent enforcement. Read the latest analysis on Patently-O.

Federal Circuit closes a procedural loophole: ITC respondents can't dismiss and refile a DJ action to reset the 30-day mandatory stay deadline. A key ruling on strategic litigation tactics. Read the full analysis on Patently-O.

SCOTUS just reversed a $1B copyright verdict against Cox Communications. The Court ruled that merely knowing about user infringement isn't enough for contributory liability. A major shift in secondary copyright law. Read the analysis on Patently-O.

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Federal Circuit reinforces a critical lesson: the 60-day notice deadline for appeals is jurisdictional and cannot be excused. In Brown v. US, even a late filing meant dismissal. Read Day 61 on Patently-O for the details on this important jurisdictional requirement.

Breaking: The Supreme Court is taking on geofence warrants. In Chatrie v. United States this April, the justices will decide whether bulk location data demands violate the Fourth Amendment. A landmark privacy case you won't want to miss.

Shocking data: only 10% of USPTO first actions arrive within the statutory 14-month window. The average delay? A full year beyond what Congress intended. Patently-O investigates the growing backlog crisis affecting patent prosecution.

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Dennis Crouch surveys patent law's biggest moments at USC's IP Year in Review - IPR institution, damages, eligibility, and fresh empirical data. Catch the full analysis on Patently-O.

Revisiting a classic Patently-O post: Judge Albright's venue delay tactics in W.D. Texas drew sharp criticism from the Federal Circuit in TracFone. "Egregious delay and blatant disregard for precedent" - worth reading again.

New on Patently-O: A proposed "tinderbox framework" could offer the Supreme Court a balanced approach to skinny-label inducement in the closely watched Hikma v. Amarin case. Read our analysis of this middle-ground solution.

Stanford's bioinformatics method for resolving haplotype phase was deemed ineligible under Section 101 by the Federal Circuit. A classic case worth revisiting as a potential Supreme Court test case on patent eligibility. Read the analysis on Patently-O.

New on Patently-O: Ever wonder how long your patent actually lasts? A new analysis reveals how prosecution strategy, PTA, continuations, and terminal disclaimers shape real patent terms. The data might surprise you.

Rising maintenance fees may be cutting patent lives short. New USPTO data shows only 40% of patentees now pay all three fees, down from 52% in 2013. Patently-O examines whether fee increases are unintentionally shortening effective patent terms.

New on Patently-O: Does the USPTO's domestic manufacturing policy for IPR decisions conflict with TRIPS? Prof. Sapna Kumar examines potential legal collisions in this must-read guest post.

Judge Newman escalates her fight: asking SCOTUS to review her three-year Federal Circuit suspension. She argues the Disability Act's review bar doesn't protect ultra vires orders. A major judicial independence case developing on Patently-O.

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Director Squires reshapes IPR institution decisions by adding domestic manufacturing and small business status as discretionary factors. A major shift bringing industrial policy into patent validity review. Read the latest analysis on Patently-O.

USPTO expands design patent protection beyond physical products. New guidance allows digital designs including projected and holographic interfaces to qualify, eliminating the display panel requirement. Read the latest on Patently-O.

New on Patently-O: A Federal Circuit case raises important questions about claim construction and equivalents. Does the court's approach to MPF equivalents align with established precedent? Read our analysis of this developing issue.

AIPLA warns SCOTUS: Alice Step Two has resurrected the pre-1952 inventive concept requirement that Congress abolished. Is the Federal Circuit rewriting patent law? Read the latest analysis on Patently-O.

Patent term adjustment just hit 296 days—erasing years of progress on USPTO backlog reduction. What's driving this surge? Read our latest analysis on Patently-O to see the hidden costs behind the push for new applications.

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New on Patently-O: The Federal Circuit just made it harder to fix inventorship problems in IPR proceedings. Once you lose an IPR, you can't suddenly raise a new antedating theory under section 256. Forfeiture rules apply. What this means for your patent strategy.

Patent specifications are getting longer while claims are shrinking. Our latest analysis of 7.6M applications reveals specs nearly doubled since 2005, even as claim counts dropped 19%. Discover what's driving this unexpected shift on Patently-O.

A federal court just cited Jason Rantanen's Patently-O analysis in a patent case. When courts rely on patent blogs to explain controversial rulings, you know the post hit the mark. A classic worth revisiting.

New data reveals a dramatic shift in patent strategy: 28% of U.S. utility patents now issue with exactly 20 claims, up from just 6% in 2005. How are USPTO excess claim fees reshaping patent scope? Read the analysis on Patently-O.

Dive into patent history with us. Before "submarine patents" became the term du jour, early 20th century practitioners called it "soaking." New post explores this 1920s mischief from Chapman v. Wintroath.

Hyatt returns to the Supreme Court - again. This time, the question: can equity override the Patent Act's timing rules? Patently-O breaks down the prosecution laches showdown in Hyatt v. Squires.