bicycle patent
Recent developments in patent law could potentially result in big changes to the US patent system. However, patent law reform tends to move slowly through Congress, suggesting actual changes may be far off still. Meanwhile, case law provides a steady, if sometimes unpredictable evolution of intellectual property law.
- Obviousness in Design Patents
- GM Global Technology Operations LLC v. LKQ Corp. (CAFC, May 21, 2024)
- What changed: Overruled Rosen-Durling test, which required a nearly identical prior art reference for obviousness
- new standard: aligns design patent obviousness analysis more closely with the flexible approach used for utility patents
Recent Developments in Patent Law Take-Away: Likely more challenges to design patents on obviousness grounds; less reliance on a “visual impression” test in isolation.
- AI-Assisted Inventions & Inventorship
- USPTO issued Inventorship Guidance for AI-Assisted Inventions, effective February 13, 2024.
- Human contribution must be significant; AI contributions do not automatically disqualify patentability, but humans must have made a meaningful inventive input.
- only natural persons can be inventors.
- Aligns with global trend (EPO, UKIPO).
Recent Changes in Patent Law Take-Away: AI changing things faster than anyone can keep up with!
- AI & Subject Matter Eligibility
- USPTO guidance on subject matter eligibility (35 U.S.C. § 101) for emerging technologies & AI, to clarify how exempt / abstract ideas are treated when claims involve AI elements.
- Goal: enhance consistency, predictability in examination and in post-grant proceedings involving AI.
Repeat Recent Developments in Patent Law Take-Away: AI changing things faster than anyone can keep up with!
- USPTO Fee Schedule Overhaul (2025)
- New Patent Fees & Filing Strategy Impacts effective Jan 19, 2025
- Excess claims (over 20): doubled.
- RCEs: +43% for second/subsequent.
- IDS: tiered pricing (>50 / >100 references).
- Continuation Fee (CAF): new surcharge for late continuations.
Recent Changes in Patent Law Takeaway: Increased costs – Manage patent applications & prosecution carefully
- Strengthened Enablement Requirement
- Supreme Court – Amgen v. Sanofi (2023)
- Both companies had drugs to lower LDL (“Bad”) cholesterol
- Amgen had patents claiming not just specific antibodies they made, but any antibody that could block PCSK9 (liver protein) in a certain way.
- Question for Supreme Court : Can a patent cover all possible antibodies that do a certain job, even if it only tells people how to make a few examples?
- Unanimous answer: Amgen’s patents were too broad and not “enabled.” — “Roadmap” + examples insufficient where undue experimentation remains
Recent Developments in Patent Law Takeaway: Patents Must describe enough details so that someone skilled in the field could reproduce the full invention without major trial and error.
- Continuation & Priority Practice Changes (2025)
- New “Continuing Application Fee” (CAF)
- Applies to applications filed 6+ or 9+ years after earliest priority.
- Encourages early, compact prosecution.
- Impacts long-lived portfolios (biotech, pharma).
Recent Developments in Patent Law Takeaway: Child patents are more expensive – fewer “submarine” patents?
- Legislative Reform Momentum: PREVAIL Act
- PREVAIL Promoting and Respecting Economically Vital American Innovation Leadership
- tighten PTAB procedures, estoppel.
- Ends practice of diverting UPSTO funds to other Gov agencies
Recent Developments in Patent Law Takeaway: would change challenging a patent for validity at the USPTO, and the USPTO can keep its own $
- Legislative Reform Momentum: PERA
- PERA: Patent Eligibility Restoration Act
- Focus on four statutory categories for patentable subject matter: processes, machines, manufactures, and compositions of matter
- Clarify eligibility on abstract ideas, laws of nature, and natural phenomena — hinders patent eligibility for modern inventions like software and diagnostics
- unmodified natural material (genes) as exists in the body would remain unpatentable
- PERA would clarify that innovations involving the isolation, purification, or alteration of natural materials by human activity would be eligible
Recent Developments in Patent Law Takeaway: potentially expands eligible subject matter for patents
- Legislative Reform Momentum: RESTORE Act
- RESTORE: Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights
- Restores injunctive relief: presumption that patent owners are entitled to a permanent injunction
Recent Developments in Patent Law Takeaway: Would Strengthen patent rights
