This week in Other Barks & Bites: public interest groups voice their opposition to the PRO CODES Act for allowing private ownership of code standards incorporated by reference into public law; the Eleventh Circuit reverses the Middle District of Florida for failing to consider evidence of non-generic use in a cheerleading competition trademark case; the Federal Trade Commission files an amicus brief arguing that no specific intent is required to show that Johnson & Johnson’s patent acquisitions were anticompetitive; the European Patent Office publishes a study analyzing dozens of landmark cases on licensing rate determinations for standards-essential patents; and more.
Wenderoth, Lind & Ponack, LLP, an intellectual property law firm in Washington, DC, is seeking an experienced patent attorney to join its thriving Chemical and Biotechnology Patent Prosecution Practice. This position offers the opportunity to work on a wide variety of patent prosecution matters in the biological, biotechnology, chemical, and pharmaceutical fields for sophisticated domestic and international clients. The Biotechnology Patent Prosecution Attorney will focus on preparing, filing, and prosecuting U.S. and international patent applications in biotechnology and related life sciences technologies. The attorney will work closely with experienced colleagues in a collegial and team-oriented environment while maintaining efficient prosecution practices and upholding the firm’s standards for quality, responsiveness, and client service. This is a full-time, hybrid role based in Washington, D.C., with flexibility for remote work.
The Canadian Intellectual Property Office (CIPO) has materially changed how examiners are instructed to apply the law on patentable subject matter. In March 2026, CIPO replaced its November 2020 practice notice on computer-implemented inventions, medical diagnostic methods, and medical uses. The 2026 notice represents an important development for current Canadian prosecution practice.
The United States Senate Committee on Finance today held a hearing to consider the nominations of five individuals to be Commissioners of the International Trade Commission (ITC). Two of the nominees—Peter-Anthony Pappas (R) and David Foley (R)—have played key roles in IP policy on the Hill over the last several years. Introducing Pappas was Senator Thom Tillis (R-NC), under whom Pappas presently serves as Director of Intellectual Property Policy for the Senate Judiciary Committee, where Tillis Chairs the Subcommittee on Intellectual Property (IP).
This week on IPWatchdog Unleashed, I spoke again with Fran Cruz, Senior Vice President of IP Solutions for Juristat. Our conversation was about a topic that should be top of mind for every patent prosecution firm, every in-house IP department, and every legal operations professional trying to make sense of the current market for patent related legal work. Where is patent prosecution work going, when does work move from firm to firm, when it does move, where is it moving, and what will firms have to do to win—or keep—the patent preparation and prosecution work?
This week on IPWatchdog Unleashed, my conversation with patent broker Louis Carbonneau centers on a fundamental breakdown in the economic engine that has historically driven innovation. While innovation itself has not disappeared, the incentive structure that once enabled a repeatable cycle—innovate, patent, monetize, reinvest—has eroded. Large market participants increasingly operate under a “use now, pay later (if ever)” model, which disproportionately disadvantages individual inventors and smaller entities. As a result, many innovators are unable to sustain continued development beyond an initial breakthrough, leading to a systemic drag on long-term innovation output. This shift is reinforced by a broader cultural normalization of “free” access to intellectual property, which has migrated from the copyright into the patent and innovation industry.
This week on IPWatchdog Unleashed, I spoke with Brent Bellows, a partner with Knowles Intellectual Property Strategies (KIPS). We discussed a variety of issues including Hatch-Waxman, Orange Book listings, paragraph IV certifications, skinny labels, generic entry, clinical trial costs, regulatory exclusivity, and the enormous financial risk associated with bringing new drugs to market. Gene and Brent explore the tension between public demand for lower drug prices and the need for durable incentives that make high-risk drug development economically viable, particularly for oncology, Alzheimer’s, Parkinson’s, antibiotic resistant bacteria, and other difficult-to-treat conditions. The episode closes with a broader innovation-policy message: patents are not a peripheral feature of drug development—they are a core operating asset that enables private-sector investment, supports breakthrough therapies, and ultimately drives the availability of future generic medicines.
In an order issued earlier this week, U.S. Patent and Trademark Office (USPTO) Director John Squires granted Director Review and partially vacated a Patent Trial and Appeal Board (PTAB) Final Written Decision that found several claims of U.S. Patent No. 11,828,425 unpatentable as obvious. Squires remanded the case after finding that the Board did not explain why its conclusion as to claim 2 differed from the outcome of a parallel district court proceeding on the same claim.
Recent developments in ex parte Corteva Agriscience LLC (Reexamination Control 90/019,130; Patent 10,947,555 B2) clarify obviousness-type double patenting (ODP) in the context of patent families with multiple continuations and varying patent term adjustments (PTA)…. In Corteva, the Patent Trial and Appeal Board (PTAB) distinguished Cellect and extended Allergan by holding that a child patent (here, the ’555 patent) is not unpatentable for ODP if it does not expire later than the original patent in the family, including any PTA awarded to the original patent. Below is a figure from Corteva.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Sansone v. United States Patent and Trademark Office, affirming the U.S. District Court for the Eastern District of Virginia’s dismissal of a pro se inventor’s lawsuit and denial of his motion for summary judgment. Stanley Sansone filed U.S. Patent Application No. 16/255,511 on January 23, 2019, seeking a patent for a wearable thermal device, but a patent examiner rejected all claims. The Patent Trial and Appeal Board (PTAB) affirmed the rejection, after which Sansone sought continued examination.
The United States patent system is not failing because Americans have stopped inventing. It is failing because the legal and institutional architecture built to protect invention no longer operates as a coherent innovation framework. Over time, the system has become a patchwork of overlapping tribunals, inconsistent legal standards, procedural inefficiencies, and doctrinal barriers that make it harder to obtain, defend, enforce, license, and rely upon even high-quality patent rights covering innovations of extraordinary consequence. Now in the coming months we will move forward with a candid, serious, historically grounded, and focused conversation on building—not merely patching—the next American patent system.
When I sat down with former USPTO Director Andrei Iancu for this week’s episode of IPWatchdog Unleashed, I expected a serious conversation about the condition of the U.S. patent system. Instead of rehashing everything that has gone wrong with the U.S. patent system from the perspective of an innovator over the last two decades, what took place was a deep and revealing conversation about whether the legal architecture that once made the United States the world’s innovation leader is still fit for purpose in an economy increasingly defined by software, artificial intelligence, data, biotechnology, and other intangible assets.
This week on IPWatchdog Unleashed, I spoke with Lisa Jorgenson, who is Deputy Director at the World Intellectual Property Organization (WIPO). Jorgenson had just attended IPWatchdog LIVE 2026 and spoke on our final panel along with former U.S. Patent and Trademark Office (USPTO) Director David Kappos, former USPTO Director Andrei Iancu, and former International Trade Commission (ITC) Commissioner Scott Kieff. She joined me immediately following the conference at IPWatchdog Studios for a wide-ranging discussion that pulled back the curtain on an institution many in the IP community think they understand—but often do not really appreciate.
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