Written by Calvert Technology Law, PLLC.
A new USPTO rule took effect this month requiring foreign-domiciled applicants to be represented by a registered U.S. patent practitioner for essentially all Office business. Here's what it means for foreign filers and the firms that route work to U.S. counsel.
Read more →The Patent Eligibility Restoration Act is back before the Senate Judiciary Committee, reviving the long-running effort to rewrite Section 101 and eliminate the judge-made exceptions from Alice and Mayo. Here's where things stand and how to plan around it.
Read more →This month marks five years of monthly patent law posts on patent.legal. We've covered Supreme Court decisions, Federal Circuit developments, PTAB practice, international changes, and practical guidance for inventors and businesses.
Read more →You file a patent application. Now what? Examination typically takes 2-4 years in the U.S., involving back-and-forth with an examiner who evaluates whether your invention meets all the legal requirements.
Read more →To get a patent, your invention must be new and non-obvious compared to "prior art"—everything that was publicly known before you filed. Prior art can be patents, publications, products, public uses, or sales.
Read more →Patent claims are the numbered sentences at the end of a patent that define what's protected. Everything else—the description, drawings, examples—is context. The claims are the legal boundaries.
Read more →New year, same patent system—but maybe new opportunities. 2026 is a good time to review your IP strategy and make sure it aligns with your business goals.
Read more →2025 continued trends from recent years: steady litigation volume, UPC maturation in Europe, ongoing eligibility uncertainty, and growing AI-related patent activity. No dramatic shifts, but meaningful evolution.
Read more →Getting sued for patent infringement is stressful and expensive. But you have options. Many defenses are available, and many cases settle for far less than the initial demand.
Read more →Patent licensing can generate significant revenue without manufacturing or selling products. But licensing isn't passive income—it requires strategy, negotiation, and enforcement.
Read more →Employees invent things. Who owns those inventions? Usually the employer, if the employee signed an assignment agreement and the invention relates to the company's business.
Read more →Patent litigation filings remain steady at around 4,000-4,500 cases per year. NPEs (non-practicing entities, sometimes called "patent trolls") account for about 40-50% of filings.
Read more →You've filed a U.S. patent application. Now you're considering foreign protection. You have two main options: file directly in each country within 12 months (Paris Convention), or file a PCT application that delays national filings until 30 months.
Read more →Building a patent portfolio isn't just about filing applications. It's about strategic decisions: what to patent, where to file, when to maintain, and when to abandon.
Read more →Companies often face a choice: patent your invention or keep it as a trade secret? Each approach has advantages. Patents give you exclusive rights but require public disclosure.
Read more →2024 saw the UPC mature in Europe, continued venue battles in the U.S., and ongoing uncertainty around patent eligibility. No blockbuster Supreme Court decisions, but steady evolution of existing doctrines.
Read more →You file a patent application. While it's pending, you realize you want to claim additional aspects, or cover competitor products, or adjust claim scope based on what's happening in the market.
Read more →Companies need to know what their patents are worth—for transactions, licensing, tax planning, and strategic decisions. But patent valuation is part art, part science.
Read more →Patent law has a simple rule: if you sell patented products, mark them with the patent number. If you don't, you can't recover damages for infringement that occurred before you gave actual notice to the infringer.
Read more →Earlier posts available in the full archive.