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A recent report from the Sunwater Institute has challenged long-held beliefs about patent quality in the United States. Contrary to popular opinion, the U.S. Patent and Trademark Office (USPTO) is not overwhelmed with "bad patents." In fact, only 7% of U.S. patent claims are erroneously granted, one of the lowest rates among major patent offices worldwide.
The report reveals a surprising finding: the USPTO is more likely to erroneously reject or abandon valid patent claims than to grant invalid ones. Approximately 18% of abandoned U.S. patent claims are actually valid under patentability criteria. This discrepancy is even more pronounced in tech-heavy fields like computer networks and communications.
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At the end of September, the European Commission's Directorate-General for Research and Innovation and the European Patent Office (EPO) signed a Letter of Intent to enhance their collaboration in the field of knowledge valorization. This strategic partnership aims to streamline intellectual assets management and foster a more robust European Research Area (ERA).
Key objectives of the partnership are:
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In the rapidly evolving world of artificial intelligence (AI), securing patents is a critical task for innovators—and it's one that must be done right. However, the unique nature of AI technologies presents significant challenges when drafting and/or translating patents, particularly when it comes to the use of functional language in claims.
In the United States, recent decisions by the Patent Trial and Appeal Board (PTAB) have shed light on how 35 U.S.C. § 112(f), which deals with means-plus-function claim limitations, applies to AI inventions.
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The United States Patent and Trademark Office (USPTO) has announced a significant restructuring of its fee system for Fiscal Year (FY) 2025 which starts on October 1, 2024. These changes aim to ensure the Office's financial sustainability, promote efficient application processes, and reduce pendency. Here are the main changes
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In 2004, the report "A Patent System for the 21st Century" outlined expectations and recommendations for the U.S. patent system. This summary compares those expectations with the actual developments by 2024, focusing on five key areas.
