Tie Goes to the Applicant: The USPTO’s SMED Flowchart
A new USPTO memo adds a flowchart for reviewing Subject Matter Eligibility Declarations, a SMED filing code, and a nod to disinterested declarants. Continue reading this post on Patently-O.
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Who Owns Mind Reading?
Texas, UCSF, Siemens, and a London startup are staking patent claims on brain-to-text decoding. Older patents already cover pieces of the path. Continue reading this post on Patently-O.
RCEs Are Rising Again: But Applicant Behavior Isn’t the Main Cause
RCE filings are rising again, driven largely by more USPTO final rejections, with the end of AFCP 2.0 also playing a role despite higher fees. Continue reading this post on Patently-O.
This Is Not a Feature Vector: Zentian v. Apple
Federal Circuit affirms cancellation of Zentian's speech-recognition patent, rejecting a Magritte analogy that codewords aren't feature vectors. Continue reading this post on Patently-O.
Before Lowell: The Patent System’s Early Rejection of Moral Judgment
In 1812 the Attorney General barred refusing patents on moral grounds, five years before Lowell v. Lewis. The patent issued ten days later. Continue reading this post on Patently-O.
One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines
Crocs asks the Supreme Court whether one ITC determination can start two appeal clocks after the Federal Circuit dismissed its appeal as late. Continue reading this post on Patently-O.
When the PTAB’s Broadest Reasonable Interpretation Goes Too Far
Federal Circuit vacates PTAB obviousness rejection in In re Incept, finding the Board’s broad reading of “flow barrier” unreasonable under BRI. Continue reading this post on Patently-O.
The Federal Circuit Expands Its Jurisdiction Yet Again
Guest post by Paul R. Gugliuzza: the Federal Circuit's jurisdictional holding in Insulet v. EOFlow ignores Mottley's well-pleaded complaint rule. Continue reading this post on Patently-O.
FY2026 Utility Grants by Origin and Continuity
USPTO utility grants held near 320k in FY2026, but continuing applications fell to 26% of grants and the US-origin share dropped to about 39%. Continue reading this post on Patently-O.
The Missing Inventor Problem
Fortress Iron seeks Supreme Court review after losing two patents over a coinventor who could not be found. An 1868 case went the other way. Continue reading this post on Patently-O.
Back to Vail: The IP CLE Conference, January 6-9, 2027
Dennis Crouch previews the January 6-9, 2027 IP CLE Conference at Grand Hyatt Vail, including the patent, PTAB, and AI sessions. Continue reading this post on Patently-O.
24 Days Late, Not Six Months: The Missing Judgment in Heidary v. Amazon
Federal Circuit dismisses pro se patent appeal as six months late, but with no separate Rule 58 judgment the notice was only 24 days late. Continue reading this post on Patently-O.
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