Justin Oliver recently interviewed with Law360 on patent policy to watch. The following is an excerpt:
After a year of significant shifts in U.S. Patent and Trademark Office policy on patent reviews and patent eligibility, attorneys will be closely following how the changes play out in 2026, along with proposals for further moves, and whether Congress decides to weigh in on patents.
Patent Eligibility at the USPTO
The director also stated that, rather than patent eligibility under Section 101 of the Patent Act, other issues like novelty and nonobviousness "are the traditional and appropriate tools to limit patent protection to its proper scope" and "should be the focus of examination."
"If you take that language at face value, it's suggesting that maybe the office shouldn't really be focusing on 101 anymore," said Justin Oliver of Venable LLP. "It'll be interesting to see what that means going forward."
The director's statements suggest that it's possible the USPTO will now reject fewer applications for patents on AI and other emerging technologies as ineligible for claiming only abstract ideas, which could be a boon for companies in those areas, at least in the short term.
For the full article, click here.