Insights on Patent

Partner Marylee Jenkins will speak at the 2025 WTR Live: Brand Strategy Summit USA in New York on October 22, 2025.

Partner Janine Carlan will speak at the 2025 Women’s IP Forum in Ashburn, Virginia on September 16, 2025.

The US Patent and Trademark Office (USPTO) recently announced that it will be overhauling the overall assignment search experience by replacing two legacy search applications — Patent Assignment Search and Assignments on the Web — with a single, unified Assignment Search application.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

Effective April 17, the US Patent and Trademark Office (USPTO) suspended the expedited examination process for design patent applications under 37 CFR 1.155, commonly referred to as the “Rocket Docket.”

The US Patent and Trademark Office (USPTO) has issued new guidance to clarify and improve the evaluation of patent eligibility for artificial intelligence (AI) and machine learning (ML) inventions in order to foster innovation and patenting of these cutting-edge technologies.

On July 31, the US Patent and Trademark Office (USPTO) issued a new memorandum announcing that it will begin enforcing 37 C.F.R. § 42.104(b)(4) that requires petitioners in inter partes review (IPR) proceeding to “specify where each element of the claim is found in the prior art patents or printed publications relied upon.”

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.

Partner Marylee Jenkins, former US Patent and Trademark Office Patent Public Advisory Committee (PPAC) chairperson, was quoted by The Wall Street Journal on the discussion from the US Department of Commerce on charging patent holders 1% to 5% of their overall patent value.

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.