USPTO Clarifies Approach to Double Patenting and Patent Term Adjustment in Continuation Families

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.

CAFC Affirms Dismissal of Pro Se Inventor’s Suit Against USPTO For Rejected Wearable Thermal Device Application

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.

Mormon Stories Podcast Counters LDS Church with Cancellation Claims Against Church’s Mormon Marks

A trademark dispute between The Church of Jesus Christ of Latter-day Saints (“the Church”) and the Mormon Stories Podcast (“the Podcast”) has  this week become a broader fight over the Church’s Mormon-related trademark portfolio. The Church’s complaint, filed on April 17, 2026, alleged that the Podcast’s name, branding, and use of Church imagery create a likelihood of confusion regarding whether the Podcast is actually affiliated with the Church. Meanwhile, the Podcast’s answer to the complaint and counterclaim goes further. Rather than merely denying infringement, the Podcast is now seeking cancellation of multiple Mormon-related trademarks owned by the Church..

SCOTUS Must End Prosecution Laches Before It Becomes a Patent Killing Machine

The Supreme Court should grant certiorari in Hyatt v. Squires—a case it is scheduled to consider later this week—and finally put an end to prosecution laches in patent law. Not limit it. Not cabin it. Not send the Federal Circuit back to craft yet another multi-factor balancing test that will inevitably metastasize into a litigation weapon. The Supreme Court must end prosecution laches once and for all, period.

CAFC Affirms Enanta Coronavirus Patent Invalid for Lack of Written Description Support in Provisional Application

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a decision in Enanta Pharmaceuticals, Inc. v. Pfizer Inc., affirming summary judgment that all claims of Enanta Pharmaceuticals, Inc.’s U.S. Patent 11,358,953 are invalid as anticipated. The court held that Enanta’s provisional application failed to provide adequate written description support under 35 U.S.C. Section 112 for a key chemical substituent claimed in the ‘953 patent. As a result, the patent could not claim the provisional’s earlier priority date and was anticipated by Pfizer’s prior disclosure of nirmatrelvir.

America’s Patent System Was Built for a Different Century | IPWatchdog Unleashed

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.

Squires Waives Deadline for Director Review Requests of Institution Decisions

The U.S. Patent and Trademark Office (USPTO) on late Monday issued a notice designating as precedential a Sua Sponte Director Review Order of a Patent Trial and Appeal Board (PTAB) decision granting institution in three inter partes review (IPR) proceedings. The order waived the 14-day deadline for requesting Director Review of a decision to institute trial and denied institution under Hulu, LLC v. Piranha Media Distribution, LLC, IPR2024-01252, Paper 27 (Director Apr. 17, 2025).

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