PTAB § 101 reversals have retreated from 21% to 15% over the last ten months - giving back half the Squires-era gains but still well above historical baselines. New analysis on Patently-O examines what the data reveals about patent eligibility trends.

Partial Retreat: Ten Months of § 101 Data After the Surge

PTAB § 101 reversals fell from 21% to 15% since April 2026, giving back half the Squires-era gain but staying above the 9.4% baseline.

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Collision wants the Federal Circuit to turn back the clock on patent remedies. Their opening brief challenges eBay's framework, asking courts to apply 1789 equity principles to reshape injunction analysis. Read the full breakdown on Patently-O.

Back to 1789: Collision Asks the Federal Circuit to Rewrite the eBay Factors

Collision's Federal Circuit opening brief seeks the injunction and asks the court to let 1789 equity reshape eBay's first two factors.

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Throwback: Professor Crouch digs into another Texas-to-California patent transfer in In re HULU, LLC. A classic Patently-O analysis of venue disputes and corporate domicile - worth revisiting as these issues remain relevant today.

Federal Circuit reverses indefiniteness ruling in MPH v. Apple, holding that "secure" shouldn't be limited to IPSec alone. A win for broader claim interpretation. Read the latest from Patently-O on this important decision.

Boilerplate or Not: Reading “Secure” Broader Than IPSec in MPH v. Apple

The Federal Circuit rejects an IPSec limitation on “secure” in MPH v. Apple and reverses the indefiniteness holding on the ’581 patent’s claim 1.

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Patent Term Adjustment may have finally hit a ceiling. After months of steady growth, PTA has leveled off - though it's too early to call it a decline. Biotech is bearing the brunt. Read the full analysis on Patently-O.

Has Patent Term Adjustment Peaked?

I wrote in April that PTA showed no sign of leveling. It has leveled. I am not ready to call that a decline, though, and biotech is carrying the burden.

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Throwback: Our deep dive into 35 U.S.C. § 316 and the public access rules governing inter partes review proceedings. A classic Patently-O post that remains essential reading for patent practitioners navigating IPR transparency requirements.

Final rejection doesn't mean game over. New Patently-O analysis of 1.5M applications shows a first final office action cuts patent odds by just 7 points. The real cliff? PTAB review. Read the full breakdown.

Rejection Is Not Denial: What a Final Office Action Actually Costs

Across 1.5 million utility applications, a first final rejection cuts the odds of a patent by only seven points. The PTAB is the only real cliff.

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Tesla joins Google, Intel, and Kahoot! before the Supreme Court on a critical question: can courts review the USPTO's extra-statutory IPR institution rules? Read the latest on Patently-O.

Now hiring: Associate Patent Attorney or Patent Agent in Electronics, IT, and Physics. Based in New Zealand with opportunities for US candidates. Browse more patent law jobs on Patently-O's job board today. https://patentlyo.com/jobs

Federal Circuit affirms cancellation of Amsted Rail's sensor claims in Amsted Rail v. Squires, finding claim 1 imposes no specific filtering order. A closer look at the decision on Patently-O.

Before the Sensor: Filter Ordering and Self-Collision in Amsted Rail v. Squires

Federal Circuit affirms cancellation of Amsted Rail's railcar sensor claims, holding claim 1 requires no sensing-then-filtering order.

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Curious about USPTO filing patterns? Our latest post reveals an intriguing trend: roughly 1,300 applications arrive during the 3-5 a.m. Eastern window, with two-thirds from East Asia and sponsored staff handling uploads. Read the analysis on Patently-O.

The Pre-Dawn USPTO Filing Window

About 1,300 patent applications reached the USPTO between 3 and 5 a.m. Eastern. Two thirds came from East Asia, and sponsored staff did the uploading.

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Federal Circuit reverses UT's $42M stent verdict, granting Boston Scientific JMOL of anticipation based on just two pages of unrebutted expert testimony. A cautionary tale on the record needed to survive summary judgment. New analysis on Patently-O.

UK Supreme Court delivers major ruling on FRAND licensing: Tesla's challenge to Avanci pool rates succeeds, and Delaware cannot set FRAND terms for UK patents. A significant development in standard-essential patent disputes. Read the latest from Patently-O.

FRAND at the Pool Level

UK Supreme Court revives Tesla's Avanci pool rate challenge and holds Delaware is not an available forum for setting FRAND terms on UK patents.

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Revisiting a classic: How can biotech patent applicants strategically extend their patent term by up to one year? Our analysis breaks down the filing strategies that matter for your intellectual property protection.

Who cares about Patent Term?: Biotechnology Patent Applicants

For patent applications filed since 1995, the patent term is calculated by adding twenty years to the filing date. US applicants …

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New on Patently-O: Kahoot!'s cert petition challenges the USPTO's settled expectations doctrine for IPR denials. With Google v. VirtaMove already on the docket, the Supreme Court may finally reckon with this controversial six-year-old policy. Read the full analysis.

A Cleaner Test Case: Why Kahoot! Adds Fire to the Supreme Court's Settled Expectations Docket

Kahoot!'s new cert petition joins Google v. VirtaMove in challenging the USPTO's six-year settled expectations basis for denying IPR institution.

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The USPTO is tightening transparency rules. Real-party-in-interest disclosure now required for every third ex parte reexamination request. Director Crouch breaks down what this means for your strategy on Patently-O.

Anonymous No More: Real-Party Disclosure Comes to Ex Parte Reexamination

USPTO would require real-party-in-interest disclosure in every third-party ex parte reexamination request, extending the Director's RPI campaign.

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The Ninth Circuit en banc is tackling a major question in copyright law: how to replace the intrinsic test. Read our analysis of five potential approaches in the Sedlik tattoo case on Patently-O.

Sedlik En Banc: The Menu for Replacing Copyright's Intrinsic Test

The en banc Ninth Circuit weighs five ways to replace copyright's intrinsic test in the Kat Von D tattoo case, Sedlik v. Von Drachenberg.

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Now hiring: Patent Prosecution Associate or Agent (Chemistry) at a law firm, remote position. Explore this and more patent law jobs on Patently-O's job board today. https://patentlyo.com/jobs

SCOTUS to decide: Can authors recapture worldwide copyright rights upon termination? Publishers challenge the Fifth Circuit's Vetter v. Resnik ruling. A major case for creators and the publishing industry alike. Read our analysis on Patently-O.

A Double Shot at Copyright: SCOTUS to Weigh Worldwide Termination Rights

Publishers ask the Supreme Court to review Vetter v. Resnik, the Fifth Circuit ruling that copyright termination recaptures worldwide rights.

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When do patent practitioners file? Our latest analysis reveals fascinating USPTO e-filing patterns: peak submissions hit 3pm ET, with new applications clustering Friday and office action responses Monday. Discover what the data shows at Patently-O.

The Filing Clock: Hour-of-Day Patterns in USPTO Electronic Submissions

USPTO e-filings peak at 3pm Eastern, with a quarter arriving after 5. New applications cluster Friday; office action responses cluster Monday.

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RCE filings have skyrocketed since 2005 - now quadrupling abandonments and appeals combined. Yet most disposed applications never file one. What's driving this surge? Read our latest analysis on Patently-O.

RCEs, Abandonment, and the Vanishing Patent Appeal

Weekly RCE filings quadrupled since 2005 and now run well above abandonments and appeals, though most disposed applications still never file one.

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Federal Circuit vacates copyright award in 4DD Holdings v. United States, finding limits to the "book of wisdom" doctrine in Section 1498(b) damages cases. New analysis on Patently-O.

Value From the Beginning: The Book of Wisdom's Limit in 4DD Holdings v. United States

Federal Circuit vacates 4DD Holdings' copyright award against the U.S., marking the book of wisdom's limit in a Section 1498(b) damages case.

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Foreign patent applicants take note: New USPTO rules kick in July 20, 2026. You'll need a registered U.S. patent practitioner to represent you. What does this mean for your filings? Find out on Patently-O.

At PERA's first full-committee hearing, the debate crystallized: does the "unmodified human gene" carve-out codify Myriad or reopen gene patents? Patently-O breaks down the latest developments in this critical patent fight.

IPR filings remain at historic lows through mid-2026, but the petitions that survive are highly strategic and still getting instituted. Read our latest analysis on Patently-O.

The Survivors: IPR Petition Filings Stay Low and Highly Targeted in 2026

IPR filings are holding at historic lows through mid-2026. The petitions that remain form a smaller, highly targeted pool that still gets instituted.

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At 102 days pending, the Range of Motion design patent en banc petition has exceeded the Federal Circuit's median grant time. What does the clock tell us? Read our latest analysis on Patently-O.

Fast to Deny, Slow to Grant: The Range of Motion En Banc Petition at 102 Days

At 102 days pending, the Range of Motion design patent en banc petition has passed the Federal Circuit's median time to grant. Reading the clock.

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A pro se patent attorney challenges his two-year USPTO suspension at the Federal Circuit. Can a lawyer skirt practice restrictions by helping an excluded practitioner? Read Patently-O's analysis of Schindler v. Squires.

New on Patently-O: The Federal Circuit reverses Ridge v. Kirk NationaLease, holding that completed conduct and speculative harm cannot support a preliminary injunction. A critical decision for forward-looking patent relief.

Looking Forward: Why Completed Conduct Often Cannot Support a Preliminary Injunction

Federal Circuit reverses the Ridge v. Kirk NationaLease preliminary injunction: past conduct and speculative harm cannot support forward-looking relief.

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New on Patently-O: When PTAB findings get appealed to the Federal Circuit, which ones stay locked in and which ones come back open for reconsideration? A look at Intellectual Pixels v. Sony and what it means for your appeal strategy.

Locked In or Left Open: A Decision Matrix for PTAB Fact Findings After Appeal

Fed. Cir.: PTAB findings unnecessary to an appealed judgment fall outside the mandate and stay open on remand. Intellectual Pixels v. Sony.

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