United States Patent and Trademark Office (USPTO): new rules and notices

PTAB to decide IPR and PGR institution on the merits from 16 November 2026

In force from 16 November 2026

From 16 November 2026, the Patent Trial and Appeal Board will decide, on the Director's behalf, whether to institute inter partes review and post-grant review based on merits-based considerations. The Director will keep reviewing non-merits considerations, including discretionary ones, to set USPTO policy on institution. The new process applies to any IPR or PGR that does not yet have a notice referring the case for consideration of the merits.

Published by the source on 10 November 2026

Official source: USPTO, news and updates

USPTO updates the Notice of References Cited form

The USPTO has updated its Notice of References Cited form, which it describes as part of efforts to increase efficiency. The entry does not say what changed in the form or from when.

Published by the source on 2 November 2026

Official source: USPTO, news and updates

USPTO moves to Madrid e-Filing for international trademark applications from Oct. 1

Customers filing international trademark applications must use Madrid e-Filing from Oct. 1. The office says the change gives a more streamlined filing experience.

Published by the source on 28 September 2026

Official source: USPTO, news and updates

USPTO final rule adopts Nice Classification 13th edition, version 2027

In force from 1 January 2027

The USPTO issues a final rule to bring the Nice Agreement classification changes into its trademark practice. The changes are listed in the 13th edition, version 2027, of the Nice Classification published by WIPO. They take effect on January 1, 2027.

Published by the source on 26 August 2026

Official source: Federal Register, United States Patent and Trademark Office

PTAB designates informative decision on proper Markush groupings

The PTAB designated Ex parte Chowdhury (Appeal 2025-002261) as informative after a stakeholder nomination. The Board reversed a rejection of claims for improper Markush groupings. It held that a Markush grouping is proper if it recites members of a subgenus and the specification describes those members as performing similar functions in the invention.

Published by the source on 25 August 2026

Official source: USPTO, news and updates

USPTO to incorporate Nice Classification updates in 2027

The USPTO says it will bring the updates to the Nice Classification into its trademark practice in 2027. The entry does not give a day for the change.

Published by the source on 25 August 2026

Official source: USPTO, news and updates

USPTO adds new filing options in TTAB Center

The USPTO adds new filing options in TTAB Center. The Office says it keeps adding filing options there. The entry does not say which options are new or when they start.

Published by the source on 18 August 2026

Official source: USPTO, news and updates

USPTO changes how DOCX patent applications are filed through Patent Center

The USPTO updates its process for filing patent applications in DOCX format through Patent Center. The Office says the change is meant to increase efficiency and lower costs. The entry does not say when the new process starts.

Published by the source on 12 August 2026

Official source: USPTO, news and updates

USPTO changes admission criteria for the patent bar

The USPTO changes the criteria for admission to practice before the agency in patent matters. The change widens who can sit the patent bar exam. The entry does not state the date the new criteria apply from.

Published by the source on 11 August 2026

Official source: USPTO, news and updates

USPTO moves Biomedical Science degree to Category A for patent bar admission

In force from 11 August 2026

The USPTO moves the Biomedical Science degree from Category B to Category A in the General Requirements Bulletin for admission to the patent bar exam. This widens the degrees that qualify a candidate to sit the exam. The Office says Category B degrees move to Category A on a three-year cycle.

Published by the source on 11 August 2026

Official source: Federal Register, United States Patent and Trademark Office

USPTO designates as precedential an Appeals Review Panel decision on double patenting

The USPTO made an Appeals Review Panel decision precedential. The panel reinstated an examiner's obviousness-type double patenting rejection based on an anti-harassment rationale.

Published by the source on 6 August 2026

Official source: USPTO, news and updates

USPTO moves outbound international trademark filings to Madrid e-Filing from October 1, 2026

In force from 1 October 2026

The USPTO is moving outbound international trademark applications to Madrid e-Filing beginning October 1, 2026.

Published by the source on 31 July 2026

Official source: USPTO, news and updates

USPTO offers relief to users affected by the July 28, 2026 Japan earthquake

The USPTO is publishing a notice of relief available to patent and trademark applicants, patentees, reexamination parties and registered trademark owners affected by the severe earthquake on July 28, 2026.

Published by the source on 30 July 2026

Official source: USPTO, news and updates

USPTO proposes naming all real parties in interest in ex parte reexamination requests

Deadline: 21 August 2026

The USPTO proposes to amend its rules of practice so that a third party request for ex parte reexamination must include a statement naming all real parties in interest. The statement would be kept confidential on request. The Office says this would give it a way to evaluate statutory estoppel provisions and to respond to false certifications, misrepresentations and fraud.

Published by the source on 22 July 2026

Official source: Federal Register, United States Patent and Trademark Office

PTAB revises SOP 1 on assigning judges to panels

The Patent Trial and Appeal Board issued Revision 17 of Standard Operating Procedure 1, its internal procedures for assigning administrative patent judges to panels in appeals and America Invents Act proceedings. The revision streamlines the assignment process and says statutory members of the PTAB may be paneled on cases in the ordinary course.

Published by the source on 21 July 2026

Official source: USPTO, news and updates

USPTO announces Madrid e-Filing as new platform for international trademark filings

The USPTO announced it will move to the Madrid e-Filing system for international trademark filings. The platform is run by the World Intellectual Property Organization and used by intellectual property offices in more than 40 countries.

Published by the source on 15 July 2026

Official source: USPTO, news and updates

USPTO rule swaps names of electronic filing systems for generic terms in Madrid filings

In force from 15 July 2026

A final rule replaces references to particular electronic filing systems with generic terms in correspondence for international applications originating with the United States under the Madrid Protocol. The USPTO says the change clarifies terminology and does not change filing requirements or statutory obligations.

Published by the source on 15 July 2026

Official source: Federal Register, United States Patent and Trademark Office

Foreign-domiciled applicants must use a USPTO registered practitioner from July 20

In force from 20 July 2026

Foreign-domiciled patent applicants and owners must use a USPTO registered patent practitioner for correspondence with the USPTO. The requirement starts on July 20.

Published by the source on 15 July 2026

Official source: USPTO, news and updates

Outbound Madrid Protocol filings move from TEASi to Madrid e-Filing on October 1, 2026

In force from 1 October 2026

Outbound Madrid Protocol filings moved from the Trademark Electronic Application System International to the Madrid e-Filing system on October 1, 2026.

Published by the source on 13 July 2026

Official source: USPTO, news and updates

June 2026 TTAB Manual of Procedure update now available

The June 2026 edition of the Trademark Trial and Appeal Board Manual of Procedure (TBMP) is now available.

Published by the source on 30 June 2026

Official source: USPTO, news and updates

USPTO extends Director Review deadline for institution decisions from 14 to 30 days

The USPTO extends the deadline for Director Review decisions on instituting trial from 14 days to 30 days. Further extensions are possible in exceptional cases.

Published by the source on 29 June 2026

Official source: USPTO, news and updates

USPTO consolidating select trademark petition forms from July 17

In force from 17 July 2026

The USPTO is consolidating select trademark-related petition forms. The changes begin on July 17 for trademark petitioners who use those forms.

Published by the source on 26 June 2026

Official source: USPTO, news and updates

TEAS voluntary amendment form to retire on August 1

In force from 1 August 2026

The voluntary amendment form in the Trademark Electronic Application System (TEAS) will retire on August 1. Trademark applicants will no longer have that form in TEAS after that date.

Published by the source on 25 June 2026

Official source: USPTO, news and updates

USPTO lowers to one year the delay threshold for extra petition information

In force from 13 August 2026

The USPTO is changing its practice of asking for additional information about delays in taking certain actions in patent applications and patents. Additional information will be required for delays exceeding one year instead of two. This covers petitions to revive applications, accept late maintenance fee payments, accept delayed priority or benefit claims, and excuse failures to act in international design applications. The USPTO is also changing when the corresponding petition fee is required.

Published by the source on 24 June 2026

Official source: Federal Register, United States Patent and Trademark Office

USPTO designates as precedential a decision waiving the Director Review deadline

The Director waives review deadlines and allows extensions in exceptional cases. The decision also vacates an institution under Hulu after invalidity findings and terminates the proceeding.

Published by the source on 22 June 2026

Official source: USPTO, news and updates

USPTO to require U.S. counsel for applicants domiciled outside the U.S

The USPTO is updating the Rules of Practice in Patent Cases. Patent applicants and patent owners whose domicile is not in the U.S. or its territories must be represented by a registered patent practitioner.

Published by the source on 17 June 2026

Official source: USPTO, news and updates

USPTO designates informative decision on discretionary denial and U.S. manufacturing

The USPTO designated as informative a Director decision in Tesla v. Bulletproof Property Management. The Director declined to discretionarily deny institution where the parallel district court trial date was vacated, the petitioner submitted a broad stipulation, showed an apparent Office error, and brought an early challenge. Evidence of U.S. manufacturing specific to the accused products also weighed against denial.

Published by the source on 17 June 2026

Official source: USPTO, news and updates

USPTO issues supplemental guidance on design patents for computer-generated interfaces and icons

The USPTO issued supplemental guidance on design patent applications for computer-generated interfaces, such as GUIs and icons. The guidance clarifies how those applications meet the article of manufacture requirement.

Published by the source on 12 June 2026

Official source: USPTO, news and updates

USPTO waives petition fee for Streamlined Claim Set pilot program

The USPTO waives the petition fee for the Streamlined Claim Set pilot program. The office says this reduces financial barriers to taking part in the program.

Published by the source on 10 June 2026

Official source: USPTO, news and updates

TTAB Center adds new filing options

The USPTO continues to add filing options in the TTAB Center. The update gives trademark users new ways to file at the TTAB.

Published by the source on 10 June 2026

Official source: USPTO, news and updates

USPTO precedential decision bars foreign governments as AIA petitioners

In Tianma Microelectronics v. LG Display, the USPTO Director held that a foreign government, like the United States government, is not a person under the America Invents Act. A foreign government cannot be a petitioner or a real party in interest in an inter partes review or post-grant review. The Director denied institution after the patent owner put the identification of all real parties in interest into dispute.

Published by the source on 10 June 2026

Official source: USPTO, news and updates

USPTO precedential decision explains Director's discretion in IPR institution

In Magnolia Medical v. Kurin, the Director denied IPR institution. The petitioner raised issues it had already litigated and lost in district court instead of using the PTAB as a true alternative to litigation.

Published by the source on 10 June 2026

Official source: USPTO, news and updates

USPTO launches SPARK pilot to expedite examination for standards participants

Under the SPARK Pilot Program, examination of certain patent applications and ex parte appeals to the PTAB may be expedited if the U.S.-domiciled applicant meaningfully took part in a voluntary consensus-based standards development organization. The application or appeal does not need to relate to that participation. Accepted applications get special status until a first Office action is issued, and accepted appeals are advanced out of turn before the PTAB.

Published by the source on 3 June 2026

Official source: Federal Register, United States Patent and Trademark Office

USPTO publishes May 2026 Trademark Manual of Examining Procedure update

The USPTO has published the May 2026 edition of the Trademark Manual of Examining Procedure (TMEP). The manual is available on the office's website.

Published by the source on 29 May 2026

Official source: USPTO, news and updates

USPTO opens Applicant Pre-Docketing Notice pilot program

The USPTO has started a new pilot program called Applicant Pre-Docketing Notice. The office says the program is designed to support informed decision making by patent applicants.

Published by the source on 29 May 2026

Official source: USPTO, news and updates

USPTO begins issuing information requirements under PIER pilot for national stage applications

The USPTO has begun issuing requirements for information under the PCT Informed Examination Request (PIER) pilot program for national stage applications.

Published by the source on 21 May 2026

Official source: USPTO, news and updates

USPTO issues precedential decision on the Director's exercise of discretion

The USPTO has issued a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin. The decision details the principles underlying the Director's exercise of discretion.

Published by the source on 14 May 2026

Official source: USPTO, news and updates