Congress set the patent term at twenty years from the earliest effective filing date. 35 U.S.C. § 154(a)(2) (not counting provisional or foreign national filing). But that statutory baseline is just the starting point. But, the actual term is shaped by a series of prosecution decisions, USPTO delays, terminal disclaimers, and patent family structure.
The U.S. International Trade Commission (ITC)-an agency with the extraordinary power to block imports and, in turn, influence the direction of American technology policy-has drifted out of that balance. To align with the Trump Administration's intellectual property priorities and pro-investment agenda, the ITC is in urgent need of reform.
In a recent Tradespace and Above the Law survey, two-thirds of companies that draft patents in-house described IP as a value driver, while 71 percent of companies that outsource drafting viewed IP as a cost. When drafting and prosecution move inside, IP teams work closer to engineers and product leaders. This proximity improves invention quality, strengthens claim strategy, and aligns patent decisions with product direction, market timing, and business priorities.
In an ideal world, issued patents would not contain errors. In reality, patent drafting is tedious and time-consuming work and perfection is not an attainable goal. The patent industry seems to be steadily getting better, though. In a recent study, we uncovered an 11.24% decrease in errors per patent over the past four years. We observed this decrease by reviewing every patent issued by the U.S. Patent and Trademark Office (USPTO) since 2020 - nearly 1.4 million patents.
The Office de-designated Proppant Express Invests., LLC v. Oren Techs., LLC, IPR2017-01917, Paper 86 (PTAB Feb. 13, 2019); and Adello Biologics LLC v. Amgen Inc., PGR2019-00001, Paper 11 (PTAB Feb. 14, 2019). According to a USPTO email sent Tuesday, both decisions conflict with the decision in Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential).
Regents of the University of California ("Regents") and Broad Institute were engaged in a patent interference proceeding involving the adaptation of CRISPR systems to edit eukaryotic DNA. Both parties were engaged in extensive testing related to editing eukaryotic DNA during the time of the invention, and both filed multiple patent applications that became the subjects of the patent interference proceedings.
There's a crisis of creativity in mainstream American culture. We have fewer and fewer studios and record labels fewer and fewer platforms online that serve independent artists and creators. At its core, copyright is a monopoly right on creative output and expression. It's intended to allow people who make things to make a living through those things, to incentivize creativity. To square the circle that is "exclusive control over expression" and "free speech," we have fair use.
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The Copyright Claims Board estimated that 'as much as three-quarters of its time is spent on the initial review of claims and amended claims and writing noncompliance orders explaining claim deficiencies,' according to the report. The U.S. Copyright Office on Friday released its report pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act, finding that the Copyright Claims Board (CCB) is largely successful but that there is 'room for improvement in various respects.'
Johnson and I discuss obviousness determinations built on excessive combinations of prior art, warning that such analyses blur the line between legitimate hindsight reconstruction and genuine innovation assessment. We also highlight a systemic blind spot: nuisance "ankle-biter" assertions that exploit litigation economics while largely evading PTAB scrutiny. These cases have driven much of the political backlash against patents while remaining functionally untouched by the post-grant review process.