Insights on Patent

The US Department of Commerce is reportedly considering a significant overhaul of the current patent maintenance fee structure, proposing a shift from the established flat-fee system to an annual, value-based tax on patents.

On July 18, the US Patent and Trademark Office (USPTO) announced a revised practice for setting Patent Trial and Appeal Board (PTAB) filing dates for post-grant proceedings. Effective immediately, the PTAB will issue Notices of Filing Date Accorded within 14 days of petition filing, unless exceptional circumstances prevent timely issuance.

The US Patent and Trademark Office (USPTO) has announced that, effective September 1, all PTAB hearings will be conducted in person at USPTO offices, marking a departure from the virtual and hybrid formats adopted in recent years.

Partner Ehsun Forghany was interviewed by Law360 about the US Patent and Trademark Office’s (USPTO) upcoming launch of DesignVision — an artificial intelligence (AI)-powered tool for conducting image-based prior art searches for design patents.

The US Patent and Trademark Office (USPTO) has announced the upcoming launch of an artificial intelligence (AI)-powered image-based prior-art search tool for design patents, scheduled to go live on October 1, 2025 (fiscal year 2026). Examiner training for the new tool is set to begin this month, with a public notice anticipated in the near future.

The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This adjustment is intended to accommodate sustained growth in demand for expedited examination while maintaining examination efficiency and pendency.

As the pace of advancements in artificial intelligence (AI) innovations continues to accelerate, companies from various technology and industry sectors are turning to ArentFox Schiff’s Patent group for guidance in protecting their intellectual property (IP) and patenting their cutting-edge AI technologies.

ArentFox Schiff is pleased to announce the head of the Los Angeles Intellectual Property Group, Craig Gelfound, has been recognized as a leader in his field by Chambers USA and IP Stars.

ArentFox Schiff is pleased to announce that 21 practices and 84 attorneys have been recognized by The Legal 500 United States 2025 guide, including three Tier 1 rankings for (1) Chicago Elite – Corporate and M&A Leading Law Firms, (2) Intellectual Property – Patents: Prosecution (Including Re–Examination and Post–Grant Proceedings), and (3) Finance – Restructuring (Including Bankruptcy): Municipal.

Strategic protection of intellectual property (IP) is crucial for driving the growth and sustainability of high-tech startups, enabling them to secure their innovations, maintain a competitive edge, and strengthen their market position.

The US Patent and Trademark Office (USPTO) recently issued a Director Discretionary Denial decision expanding on the “settled expectations” ground for discretionary denial of a post-grant review proceeding.

ArentFox Schiff is proud to announce that the firm and seven attorneys have been recognized in the 2025 edition of IAM Patent 1000. This international guide highlights leading firms and top patent professionals.

ArentFox Schiff is pleased to announce that Managing IP has listed 14 of our attorneys as 2025 IP Stars, recognizing them as leaders in their firm and jurisdiction.

In its recent In re Floyd opinion, the US Court of Appeals for the Federal Circuit upheld a decision by Patent Trial and Appeal Board (PTAB) to reject a design applicant’s priority claim to an earlier utility filing for failing to adequately support the claimed design.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

ArentFox Schiff successfully represented Nexus Pharmaceuticals in a patent infringement lawsuit, winning summary judgement for patent invalidity.

Partners Matthew Berlin and Michael Fainberg of ArentFox Schiff will speak at the 2025 AI Governance & Strategy Summit – New York on May 7, 2025.

Partner Ehsun Forghany was quoted by CosmeticsDesign USA on how industry stakeholders should revisit and revise their intellectual property (IP) strategies after the May 2 closure of the de minimis loophole.

Craig Gelfound, head of ArentFox Schiff’s Intellectual Property practice in Los Angeles, has once again been honored by the Daily Journal as one of the Top Intellectual Property Lawyers in California, marking 14 consecutive years of this recognition.

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to safeguard technological innovations in this rapidly evolving sector.

ArentFox Schiff is pleased to announce that the firm and Partner James J. Bindseil have been shortlisted for the annual Managing IP (MIP) Americas Awards.

ArentFox Schiff LLP is proud to announce that the firm’s Trademark practice and 10 attorneys have been ranked in 2025 WTR 1000 – the World’s Leading Trademark Professionals, the definitive guide for intellectual property (IP) practitioners.

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,” published on May 14, 2015, as US 2015/0132323) were obvious.

On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that Lashify failed to satisfy the economic prong of the Section 337 domestic industry requirement and affirming in part the finding that Lashify failed to satisfy the technical prong of the domestic industry requirement.

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to district court litigation.