Posts from October 2025.
USPTO Proposes New Limits on Inter Partes Review Challenges Under 37 C.F.R. § 42.108

The United States Patent and Trademark Office (USPTO), led by Director John A. Squires, has issued a notice of proposed rulemaking to revise the rules governing inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The proposed amendment would expand 37 C.F.R. § 42.108 by adding new subsections (d) through (g) to clarify when the Office may decline to institute an IPR, even when a petition otherwise meets statutory thresholds.

The proposed changes would narrow those IPR proceedings that are instituted. The Director aims to prevent IPRs from duplicating ... Read More ›

Choosing Trade Secrets Over Patents? What Recent Cases Mean for Your IP Strategy

As always, the intellectual property (IP) landscape is changing and IP strategy is evolving with it.

For years, patents were often considered the primary tool for protecting a company’s innovations. Patents offer relatively straightforward legal rights, with a defined path to enforceability and corresponding deterrent value. On the non-legal side, they also provide significant business advantages.

From a purely business perspective, patents offer significant practical benefits. They offer a clear legal path to acquisition enforceability with corresponding deterrent ... Read More ›

Posted in: Trade Secrets

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