United States: Patent

After securing funding, companies without in-house IP counsel face a critical 90-day window to protect their intellectual property assets. What systematic steps should growth-stage companies take to ensure they own what they sold to investors, protect their funded roadmap, and establish sustainable IP management practices before the next financing round?

The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve

The Court of Appeal of the Unified Patent Court has confirmed that actions can be brought concerning pending European patent applications approaching grant, and that such actions render subsequently filed opt-outs ineffective. However, a critical question remains unresolved: while the UPC is competent to hear these pre-grant actions, their admissibility based on timing has yet to be determined, leaving patent applicants in uncertain territory regarding opt-out strategy.

Effective April 5, 2026, the USPTO introduced a "pre-order" procedure for ex parte reexaminations, allowing patent owners to respond within 30 days of service of a request, and before the Office decides whether a Substantial New Question of patentability (SNQ) exists.

The U.S. Patent and Trademark Office has granted institution in four inter partes review proceedings challenging Janssen Biotech's golimumab method-of-treatment patents, finding that petitioners demonstrated a reasonable likelihood of prevailing on at least one challenged claim. These IPR proceedings run parallel to ongoing BPCIA litigation between Janssen and biosimilar developers Accord BioPharma and Bio-Thera Solutions.

The European Union has published the final text of its comprehensive pharmaceutical legislation reform, introducing significant changes to regulatory data protection, orphan drug exclusivity, and antimicrobial resistance measures.

You have just come up with a new and exciting invention. Understandably, you are keen to disclose your invention – perhaps to a potential investor or external collaborator. However, disclosing your invention in the wrong way, at the wrong time...

Life sciences companies increasingly rely on artificial intelligence and machine learning tools to drive drug discovery, but this technological shift introduces complex intellectual property challenges. How can companies protect AI-assisted discoveries when patent law requires human inventors, and what governance measures are necessary to safeguard both patent rights and trade secrets in an era where machines contribute substantially to the creative process?

Most founders think patent risk comes from the outside. A competitor copies your technology. Someone files an IPR. Someone designs around your claims.