On April 1, 2026, the United States Patent and Trademark Office (USPTO) announced a new pre-order process for permitting a patent owner to provide information useful for the USPTO to make a determination of whether an ex parte request for reexamination establishes a substantial new question of patentability as required by 35 U.S.C. 303(a). The new process allows for patent owners to provide information on why an argued teaching(s) in a request for reexamination would not rais

By Richard A. Castellano In today’s fast-paced and competitive global market, protecting your innovations is not just a legal formality but a strategic necessity. Intellectual property (IP) strategies serve as the backbone for safeguarding creative ideas, inventions, and brand identity. Without a well-crafted IP strategy, businesses risk losing their competitive edge, market share, and potential revenue streams. We have seen firsthand how companies that prioritize intellectua

The United States Patent and Trademark Office is closed on Wednesday, December 24, and Friday, December 26 and will consider these days holidays. Accordingly, and because December 25 is a holiday, the USPTO will consider actions or fees due on Wednesday, December 24, through Friday, December 26, to be timely if taken or paid no later than 11:59 p.m. ET on Monday, December 29, which is the next business day on which the USPTO is scheduled to be open. Contact us for questions

On December 12, 2025, the United States Patent and Trademark Office (USPTO) issued an advanced notice of change to the Patent Trial and Appeal Board Trial Practice Guide. (See PTAB issues updates to the Trial Practice Guide ). This update introduces pre-hearing conferences to the trial schedule. The Board will hold a pre-hearing conference fifteen days prior to an AIA oral hearing in cases instituted under the process implemented on October 17, 2025. In other cases, parti