In the article “2025 Patent and TM Policy at USPTO: What We Know So Far,” published in Law360, Knobbe Martens partners Lauren Keller Katzenellenbogen and Rosaleen Chou offered insight into the policy changes practitioners can expect from the United States Patent and Trademark Office (USPTO) this upcoming year.
Katzenellenbogen and Chou touch on the legacy of former USPTO Director Kathleen Vidal, particularly as it relates to the director review process, and indicate that the next director “will determine the direction of any shift in policy” for the agency. They also detail USPTO fee changes that will take effect on January 19, 2025.
In terms of patent policy, the authors maintain that they expect to see additional guidance from the USPTO on artificial intelligence in 2025. They offer background on the guidance issued on AI throughout the past year, including policies related to listing AI as an inventor on a patent application, AI and patent subject matter eligibility, and the use of AI by patent practitioners.
On the trademark front, Katzenellenbogen and Chou cover several USPTO initiatives that will go into effect in January 2025 aimed at streamlining and modernizing the trademark application process. This includes the introduction of a new Base application for trademarks, a brand-new Trademark Center, and strategies to combat trademark scams and fraudulent filings.
Given these initiatives, the authors conclude, “Patent and trademark practitioners alike should plan to stay abreast of the latest developments, particularly any priorities set forth by new agency leadership.”
Read the full article here.