USPTO

English

Nearly 25% of USPTO Office Actions Now Cite Secret Prior Art — 233 Million Citation Study Quantifies Patent Law’s Structural Challenge

An empirical study of 233 million citation records from approximately 9 million U.S. granted patents reveals that roughl...
IP News

USPTO Introduces Pre-Order Submission Right for Patent Owners in Ex Parte Reexaminations, Effective April 5, 2026

The U.S. Patent and Trademark Office has established a new pre-order paper procedure in ex parte reexamination proceedin...
IP News

The ‘Dark Matter’ of Patent Law: Study Finds Nearly 25% of USPTO Office Actions Now Cite Secret Prior Art

A large-scale empirical study has found that approximately one in four USPTO office actions now cites prior art that was...
IP News

USPTO Dismisses TikTok’s Patent Challenges, Finding Chinese Government May Be a Real Party in Interest

USPTO vacated seven TikTok IPRs under the Tianma precedent, citing unresolved Chinese government ties as real party in interest.
IP News

No More Display Screens in the Drawings: The Quiet Revolution in Design Patent Law

On March 13, 2026, the United States Patent and Trademark Office (USPTO) published supplemental guidance for the examina...
IP News

USPTO Creates Pre-Order Response Procedure for Ex Parte Reexamination—Patent Owners Get 30 Days to Contest SNQ Before Order Issues

The USPTO introduced a new Pre-Order Response Procedure for ex parte reexamination effective April 1, 2026. Under an Off...
Patent Updates

USPTO Launches “ASAP!” Pilot: AI-Powered Prior Art Search Enters Patent Examination

What ASAP! Means for Your Patent PracticeThe U.S. Patent and Trademark Office (USPTO) has launched an artificial intelli...
IP News

USPTO Introduces Pre-Order Patent Owner Submission in Ex Parte Reexamination: A Response to Surging Requests

The United States Patent and Trademark Office (USPTO) has introduced a new procedure allowing patent owners to submit a ...
Column

Secret Prior Art in 25% of Office Actions: Patently-O’s Empirical Study and the Lynk Labs Cert Denial

On April 9, 2026, Professor Dennis Crouch of the University of Missouri School of Law published an empirical study on Pa...
IP News

USPTO’s Subject Matter Eligibility Declarations Reshape AI Patent Section 101 Review

In December 2025, USPTO launched Subject Matter Eligibility Declarations (SMEDs), transforming AI patent Section 101 examination. Applicants can now submit objective evidence for eligibility arguments, marking a significant policy shift.