Seven Patent Issues from 2025 that Deserve Ongoing Consideration

"This week I'm delivering a talk on Patent Law issues from 2025."

"The year has been defined by institutional upheaval, including the the effective shutdown of new inter partes review institutions and a USPTO willing to fill doctrinal voids that Congress and the courts have left open."

"The following are seven issues that I think deserve ongoing consideration."

The year 2025 has been defined by significant institutional upheaval in the patent law landscape. New inter partes review institutions have effectively shut down, altering processes for challenging patent validity. The United States Patent and Trademark Office has been willing to fill doctrinal voids that Congress and the courts have left open, expanding its role in shaping patent doctrine. These shifts have changed institutional responsibilities and the pathways for patent adjudication. Seven discrete issues have emerged that require ongoing consideration by practitioners, policymakers, and courts to address the consequences of institutional reconfiguration.

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