Patent Lodge

Health Law Webinar: Avoiding the Medicare (and Medicaid) Death Penalty: How Seemingly Minor Errors Can Get Organizations Deactivated, Terminated or Barred

Wed, 10 Jun 2026 09:00:01 -0400

Fredrikson Recognized by 2026 Chambers USA

Thu, 04 Jun 2026 09:00:02 -0400

Minnesota Employment & Labor Law Update: Overview of 2026 Legislative Session for Employers

Mon, 01 Jun 2026 09:00:03 -0400

Ten Tips for Your Next Core Contract Negotiation

Mon, 01 Jun 2026 09:00:04 -0400

Revised Artificial Intelligence Guidance in Play; so Now What?

John S. Parzych — Mon, 26 Jan 2026 09:00:05 -0500

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.

Significant Shift in the USPTO’s Policing of Falsely Claimed Entity Status

Mon, 26 Jan 2026 09:00:06 -0500

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.

Update on Proposed Terminal Disclaimer Requirement

Mon, 26 Jan 2026 09:00:07 -0500

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.

Do Courts Have the Ability To Make Claim Corrections?

Mon, 26 Jan 2026 09:00:08 -0500

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.

Alarming Proposal Regarding Terminal Disclaimers

Thu, 05 Dec 2024 09:00:09 -0500

Earlier this year, the U.S. Patent and Trademark Office proposed a rule that would affect terminal disclaimers filed to obviate Non-Statutory Double Patenting rejections.

AFCP 2.0 - End of an Era

John S. Parzych — Thu, 05 Dec 2024 09:00:10 -0500

On December 14, 2024, the window will seemingly shut forever on the After Final Consideration Pilot Program 2.0.

USPTO Guidance on Patentability of AI Inventions

Zachary S. Pratt — Thu, 05 Dec 2024 09:00:11 -0500

This summer, the USPTO issued updated guidance on the ever-evolving subject-matter eligibility standard for the patentability of AI inventions. This guidance aims to provide clarity regarding the analysis of whether an invention is directed to an abstract idea and, even if the invention is an abstract idea, whether the invention is integrated into a practical application.

Artificial Intelligence (AI) Quick Hits

John S. Parzych — Thu, 05 Dec 2024 09:00:12 -0500

As excitement concerning AI technology rages on, we have seen more reporting with respect to certain companies.

Shakeup at the USPTO

John S. Parzych — Thu, 05 Dec 2024 09:00:13 -0500

It should not come as much of a surprise that major shakeups are ahead for the U.S. Federal Government, with President-Elect Donald Trump voted back into office and starting his second term in January 2025. But will this involve the U.S. Patent and Trademark Office?

Federal Circuit Overrules Test for Design Patent Invalidity

Wed, 03 Jul 2024 09:00:14 -0400

Last Spring, we reported on a case before the U.S. Court Of Appeals for the Federal Circuit relating to U.S. design patents, LKQ Corp. v. G. M. Global Technologies. As we noted then, the Federal Circuit, in agreeing to take up the case, would be deciding whether change was needed for the long-standing, established test for invalidation of U.S. design patents. That case has now been decided.