On April 3, 2025, the United States Court of Appeals for the Federal Circuit held that “provisional rights [under 35 U.S.C. 154(d)] are granted only when a patent would issue with exclusionary rights (i.e., would issue before its expiration date).” In re Forest, 134 F.4th 1198 (Fed. Cir. 2025). After the Forest decision, the Office began 1) identifying pending applications which, if issued, would result in a patent without any term (with no possibility of accruing Patent Term Adjustment which would result in patent term) and 2) mailing orders to show cause as to why prosecution of such pending applications should continue, even though any resulting patent would issue without exclusionary rights. In addition to saving our stakeholders unnecessary prosecution costs, this new procedure helps ensure examination resources are appropriately focused in support of reducing patent pendency.

Further to the United States Patent and Trademark Office (USPTO) Standard-Essential Patent Working Group (WG) core objectives to restore robust remedies for patent holders, engage stakeholders and promote transparency, and facilitation of meaningful participation in standards development, the WG today announces the launch of its Standards Participation and Representation Kudos (SPARK) pilot program directed to U.S. small and medium-sized businesses, universities, and non-profit organizations. Under the pilot program, examination of certain patent applications and applications in ex parte appeals to the Patent Trial and Appeal Board (PTAB) may be expedited if the U.S.-domiciled juristic applicant meaningfully participated in a voluntary consensus-based standards development organizations (SDOs) and meets the requirements of the program. The application or appeal being expedited does not need to be related to the SDO participation.

The Republic of Moldova today became the 40th member state of the European Patent Organisation. This follows the deposit of its instrument of accession to the European Patent Convention (EPC) on 25 March 2026. As of 1 June, European patent applications will automatically include the designation of the Republic of Moldova. This further extends the potential economic value of European patents as intangible assets.

The Bill amended the Patents Act 2013 (2013 Act) to apply stricter criteria for examining and granting of divisional applications filed out of outstanding applications made under the Patents Act 1953 (1953 Act).

As part of a new pilot program designed to support informed decision making by patent applicants, the United States Patent and Trademark Office (USPTO) is sending an informational “Pre-Docketing Notice” in pending utility nonprovisional patent applications.