Patent Lodge

On November 26, 2025, the USPTO introduced revised guidance for determining inventorship when involving AI-assisted inventions. The guidance continues with longstanding inventorship principles, in that only natural persons can be named as inventors on patent applications.

On December 29, 2022, the Unleashing American Innovators Act was signed into law. Under the UAIA, the USPTO is required to assess a penalty of not less than three times the amount that an entity failed to pay to the USPTO when the entity is found to have falsely made an assertion or certification of small or micro entity status unless a good faith error can be shown. 

Back in December of 2024, we wrote an article that was critical of a requirement the USPTO was planning to implement. Fortunately, the USPTO withdrew the proposal.

This blog post contrasts the Federal Circuit’s 2004 Chef America decision, which refused to correct arguably erroneous claim language based on prosecution history, with the more recent Canatex decision recognizing courts’ authority to correct obvious claim errors through claim construction.