The FAR overhaul has not changed the central patent-rights bargain for federally funded inventions. The governing statutory framework remains Bayh-Dole and 37 C.F.R. Part 401. In the FAR Council’s current Part 27 model text, the principal patent clauses—including FAR 52.227-11, Patent Rights—Ownership by the Contractor, and FAR 52.227-13, Patent Rights—Ownership by the Government—were retained without text changes. The same is true of the key patent-infringement clauses: Auth

The U.S. Supreme Court’s decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., 608 U.S. ___ (2026), is not simply another skinny-label case. For patent litigators, its larger significance is evidentiary. The decision forces a sharper distinction between three concepts that often blur together in induced-infringement cases: knowledge of infringement, commercial benefit from infringement, and affirmative conduct that encourages infringement. Only the third proves i

In recent years, inter partes review, or IPR, has been the best-known Patent Office procedure for challenging issued patent claims. Now, recent developments at the USPTO have made ex parte reexamination worth a closer look. Why the renewed interest? The Patent Office has recently changed how it handles discretionary denial issues in IPR and post-grant review proceedings. In 2025, the USPTO announced an interim process that separates discretionary-denial issues from the merits

In closely held family companies, intellectual property is often treated as a shared asset in much the same way as reputation or customer relationships. That works until it doesn't. When relationships shift, whether through succession, disagreement, divorce, or a potential sale, the question of who actually owns the company’s core intellectual property becomes determinative. At that point, informal understandings give way to formal rights, and many businesses discover that ow

Companies sometimes choose trade secret protection over filing patent applications to avoid public disclosure and reduce upfront cost, particularly where patent infringement would be difficult to detect or patentability may be uncertain. That decision can be entirely rational and is often wise. But it carries a risk: what happens if a third party later obtains a patent covering similar technology? At that point, the question is no longer how to protect the innovation. It is w

For more than a decade, § 101 has been the dark cloud over U.S. patent practice. Even companies with sophisticated R&D pipelines routinely find themselves stuck in eligibility quicksand, watching well-designed innovations get bounced as “abstract ideas” or “mere data processing.” Yet the surprising truth is this: the companies that consistently avoid § 101 headaches aren’t doing anything exotic. They aren’t filing longer applications, or denser ones, or even necessarily more

Government shutdowns create widespread operational uncertainty. The impact on intellectual property agencies varies significantly because these offices are funded in different ways. For businesses, creators, and in-house counsel, understanding those distinctions is key to maintaining rights and avoiding preventable delays. USPTO: Continuing Operations With Reserves The U.S. Patent and Trademark Office (USPTO) remains open and operating normally. Unlike many federal agencies,

As the calendar winds down, most businesses are focused on closing the books and planning for the next fiscal year. But one often-overlooked task can yield some of the best strategic value—an intellectual property (IP) audit. Whether your company builds software, manufactures components for jet engines, or delivers professional services, your IP is likely one of your most valuable assets. A year-end audit ensures that these assets are properly aligned with your busines goals

The Harvard Letter: A Wake-Up Call In August 2025, Commerce Secretary Howard Lutnick sent Harvard University a letter that landed like a thunderclap across the tech-transfer community. Invoking the Bayh-Dole Act’s march-in provisions, the government demanded a detailed accounting of Harvard’s federally funded patents: how they were disclosed, whether title was properly elected, who they were licensed to, and whether those licensees are manufacturing in the United States. The

The U.S. Department of Commerce is considering a dramatic change to the patent maintenance fee system: replacing or supplementing the current flat-fee schedule with an annual levy of between 1% and 5% of each patent’s assessed value. The proposal’s stated goal is to generate substantial new federal revenue, potentially in the tens of billions of dollars annually. However, reaction from patent owners, practitioners, industry groups, and academic experts has been overwhelmingly

As we celebrate the Fourth of July, it’s natural to reflect not only on the birth of American independence but also on the principles and institutions that have fueled this nation’s growth, prosperity, and global leadership. One such institution—often overlooked in holiday celebrations but fundamental to our economic strength and technological leadership—is the United States patent system. The Patent System: Foundation in the Constitution The U.S. patent system isn’t an after

As companies grow beyond their national borders, the complexity of managing an international intellectual property (IP) portfolio increases exponentially. Whether you’re handling patents, trademarks, or copyrights, one key to success lies in building and maintaining strong working relationships with overseas counsel. At Panagos Kennedy, we’ve found that the quality of these relationships often determines whether a global IP strategy is efficient, timely, and defensible—or inc

Patent eligibility law under § 101 remains foggy on its clearest day. But a rejection of your patent claims under § 101 isn’t necessarily the end of the road. With the right legal and technical strategy, you can improve your chances of overcoming it. Understand the Patent Eligibility Legal Framework The USPTO follows a two-part test for eligibility: Step 1: Is the claim directed to a statutory category (e.g., a process or machine)? → Most claims pass. Step 2A (Prong One): Is

If your company needs help with protecting its “crown jewel” technology, you probably already know that patents are important. What you might not fully understand is the patent process, your role in it, and how patent attorneys can assist. Know the Steps Identifying Innovations. You are best positioned work with your engineers and other innovators to help them identify when they have developed an innovation they believe is new and different from existing methods and device.

The role of patent attorneys has morphed into that of a technically competent legal and business advisor. It is not enough to wear one hat. Patent Attorneys Must Be Business Advisors A patent attorney who sits in a home office filing applications on demand does little for the business. That’s not the role. Effective patent attorneys must understand where your business is headed, what the “crown jewel” technologies of the company are, and what the competition is doing. This re

For start-up companies such as university spin-offs, medical device patents are crucial to grow the business to, for example, become an attractive target for acquisition. Here’s why patents matter in this industry: Investors Often Require Patents: Strong IP protection reassures potential investors and stakeholders of the value of your innovation and the ability to stop copyists from making your identical device and undercutting you on price. Patents Bring Market Exclusivity