What Happened
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.
Why It Matters
The UPC is now an established part of European patent enforcement. Case law is developing. Opt-out decisions are being revisited as parties gain experience with the system. For companies with European patents, the UPC is no longer experimental—it's a real option with real consequences.
In the U.S., Waco remained a top venue despite Federal Circuit scrutiny. The PTAB continued to be a powerful validity challenge forum. And eligibility uncertainty persisted—software and diagnostic patents still face unpredictable Section 101 hurdles despite years of calls for reform.
AI-related patent activity surged, with the USPTO issuing guidance on AI-assisted inventions following the Thaler decisions. Automotive SEP licensing disputes continued to simmer. And patent litigation insurance became more mainstream as companies sought risk management tools.
What You Should Know
For 2026, watch these trends: Will the UPC's caseload grow as confidence builds? Will Congress finally act on eligibility reform? How will AI patenting evolve as the technology advances? Will automotive SEP disputes reach resolution?
The practical advice remains consistent: disclose adequately, choose venue thoughtfully, consider PTAB challenges early, draft with eligibility in mind, and maintain flexibility through continuation practice.
The patent system isn't perfect, but it's functional. Work within it strategically.