US Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) News - August 2025
The United States Patent and Trademark Office (USPTO) has been busy making significant changes to its patent examination procedures and introducing new tools. Here's a roundup of the latest developments:
USPTO Increases Prioritized Examination Limit
Effective July 8, 2025, the USPTO has increased the annual limit on accepted requests for prioritized examination to 20,000 applications.
New AI-Based Tool for Patent Examiners
On July 17, 2025, the USPTO introduced a new artificial intelligence (AI)-based tool called DesignVision. This tool is designed to help patent examiners search prior art more efficiently.
Changes in Inter Partes Review (IPR) Policies
The USPTO has announced a new policy that requires petitioners for IPR to specify where each claim element is found in prior art patents or printed publications. This policy, effective September 1, 2025, aims to ensure clear notice to patent owners and a firm evidentiary foundation for institution decisions.
Legislation Affecting Patent Litigation
Senators Peter Welch, Josh Hawley, and Amy Klobuchar introduced S.2276, the ETHIC Act, which only allows one patent from the same patent group to be asserted against defendants in generic or biosimilars infringement actions.
Representative Joe Neguse introduced H.R.4570, the Interagency Patent Coordination and Improvement Act of 2025, which establishes an interagency task force between the USPTO and the Food and Drug Administration.
Court Decisions on IPR Cases
In ZyXEL Communications Corporation v. UNM Rainforest Innovations, IPR2021-00375, the decision vacated-in-part the Termination Order and remanded for further proceedings. Similarly, in Cirrus Logic, Inc. v. Greenthread, LLC, IPR2024-00001 & IPR2024-00016, the decision vacated the Final Written Decision and remanded for further proceedings.
In Samsung Electronics Co., Ltd. v. Headwater Research LLC, IPR2024-01396 & IPR2024-01407, the decision vacated the grant of institution and denied institution, citing errors in the Board's weighing of the Fintiv factors. The same outcome was seen in Samsung Electronics Co., Ltd. v. Mullen Industries LLC, IPR2024-01472, IPR2025-00018, IPR2025-00019, IPR2025-00021 & IPR2025-00124.
In Solus Advanced Materials Co., Ltd. v. SK Nexilis Co., Ltd., IPR2024-01463, the decision vacated the grant of institution and denied institution, citing errors in light of the merits of one ground in the petition. In Green Revolution Cooling, Inc. v. Midas Green Technologies, LLC, IPR2025-00196, the decision vacated the grant of institution and denied institution, citing errors in the Board's weighing of factors.
Legislation and Policies Aimed at Countering Illicit Trade
The Senate unanimously agreed to S.Res.314, recognizing July as "National Anti-Counterfeiting and Consumer Education and Awareness Month." The USPTO is seeking public input on the OECD's Working Party on Countering Illicit Trade (WP-CIT) Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces.
Senators Margaret Wood Hassan and Josh Hawley introduced S.2658, a bill requiring sponsors of drug applications and holders of approved applications to provide certain submissions and communications to the Food and Drug Administration and the USPTO.
Other Developments
The USPTO is considering a new fee for patent holders to raise additional funds. The proposed fee represents a percentage of the patent's value, between 1% and 5%.
Starting September 1, 2025, all hearings before the Patent Trial and Appeal Board (PTAB) will be held in-person at the USPTO's offices, with the option for remote attendance by request.
On July 9, 2025, Acting Director Stewart addressed the World Intellectual Property Organization (WIPO) regarding traditional knowledge and genetic resources, the cost-effectiveness of the Patent Cooperation Treaty (PCT) system, and the promotion of intellectual property rights.
As of now, there are no new interim rules at the USPTO.
In light of the enhanced focus on intellectual property rights, it's crucial that individuals pursuing education and self-development also gain a comprehensive understanding of the intricacies surrounding intellectual property, such as patent laws and policies. For instance, the United States Patent and Trademark Office (USPTO) has recently introduced a new AI-based tool, DesignVision, to help patent examiners streamline their prior art search processes.
%20and%20Patent%20Trial%20and%20Appeal%20Board%20(PTAB)%20News%20-%20August%202025){kind=link}