PIER Pressure: What Applicants Need to Know About the USPTO’s PIER Pilot Program

Earlier this year, with an effective date of April 9, 2026, the United States Patent and Trademark Office (USPTO) introduced the Patent Cooperation Treaty (PCT) Informed Examination Request (PIER) Pilot Program. Curiously, while most USPTO pilot programs allow the applicant to opt in or opt out, the PIER Pilot Program precludes input from the applicant on the matter and rather imposes itself on the applicant. The USPTO decides which applications will take part in the PIER Pilot Program, and the decision is not challengeable.

Other Barks & Bites for Friday, November 6: USPTO Appoints Former Newman Counsel New Solicitor; CAFC Hears Arguments in Moderna’s COVID-19 Vaccine Appeal; and FTC Complaint Over Amazon’s Deceptive Ad Pricing Unsealed

This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) has sworn in former counsel to Judge Pauline Newman as Solicitor; Reuters reports that this week’s massive tech selloff could delay the anticipated initial public offering of Anthropic stock; the Western District of Washington releases an unredacted version of the Federal Trade Commission’s complaint over Amazon’s covert price shifting for ad auctions; a Government Accountability Office Report shows that backlog reduction efforts at the USPTO are contributing to patent examiner attrition, in turn making agency goals unsustainable; and more.

Inventor Takes Fight Against Google and Microsoft Back to USPTO on Sotera Issue Following CAFC Rehearing Denial

One day after her petition for rehearing was denied by the U.S. Court of Appeals for the Federal Circuit (CAFC), pro se inventor Carrie Hafeman has filed a petition for Extraordinary Director Review and Sua Sponte Review with the U.S. Patent and Trademark Office (USPTO). The petition asks the Director to vacate institution and the Final Written Decisions in six related inter partes reviews (IPRs) due to alleged Sotera Stipulation violations by Google and Microsoft.  

Federal Circuit Upholds PTAB Findings That Google Failed to Prove VR Viewer Patent Claims Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Google LLC v. DDC Technology, LLC, affirming the Patent Trial and Appeal Board’s (PTAB) determinations that Google did not prove claims in three DDC Technology patents directed to hand-held virtual reality (VR) viewers unpatentable as obvious.

GAO Report: USPTO’s Backlog Reduction Goals Unsustainable if Workforce Strain, Examiner Attrition Continue

Today, the U.S. Government Accountability Office (GAO) published a report on efforts at the U.S. Patent and Trademark Office to reduce the current backlog of unexamined U.S. patent applications at the agency, which announced its intention to reduce the backlog to fewer than 599,000 patent applications last September. The GAO’s report casts a pall on those efforts, which have been contributing to patent examiner attrition that, left unchecked, could prevent the USPTO from reaching its backlog reduction goal within the next five years.

Second Circuit Follows Third Circuit in Applying Broad ‘Use’ Definition for DTSA Misappropriation Claims

Yesterday, the U.S. Court of Appeals for the Second Circuit reversed and remanded the Southern District of New York’s dismissal of trade secret misappropriation claims filed against fintech company Arcesium by rival SS&C Technologies. Deciding that a broad definition of “use” under the Defend Trade Secrets Act (DTSA) was consistent with Second Circuit case law, the appellate court held that the district court erred in finding no misappropriation of SS&C’s alleged trade secrets and improperly credited Arcesium’s explanation of emails attached to SS&C’s complaint at the motion to dismiss stage.

CJEU Advocate General Outlines Copyright Limits for AI News Summaries

Advocate General Maciej Szpunar of the Court of Justice of the European Union (CJEU) issued an opinion on Tuesday in the first case on generative AI to reach the Court. The opinion ultimately held that “the retrieval and reuse, in real time, of online press publications by AI chatbots in order to generate answers to user queries may, in certain circumstances, infringe the rights of press publishers.” The opinion is nonbinding on the CJEU.

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