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The 2025 Patent Landscape Begins With Many Pieces of Proposed Legislation
The U.S. patent legal landscape in 2025 is poised for change. The incoming presidential administration is coupled with interim changes in leadership at the USPTO after Kathi Vidal’s departure, and several newly vacant, fillable commissioner seat openings at the ITC. Technology such as artificial intelligence — and changing attitudes towards those technologies — are evolving at an accelerating pace.
And, amid that backdrop, many pieces of proposed patent legislation are pending in Congress which could further — or possibly stifle — modern trends in American patent law, and could alter our innovation landscape for years to come. This article surveys that pending patent legislation.
IDEA Act
Inspired by the SUCCESS Act’s reporting requirement, the Inventor Diversity for Economic Advancement (IDEA) Act directs the USPTO to collect voluntary, confidential demographic data from inventors and patent applicants, in an effort to promote increased participation of women, minorities, and veterans in the American patent system. S. 632, 117 Cong. §1 (2021).
The IDEA act would include a mechanism for the collection of voluntary, confidential demographic data from inventors and patent applicants, which would be stored entirely independently of individual applications so that the data would not be considered by examiners and would have no impact on an application’s success. IDEA passed in the Senate Judiciary Committee with strong support, with a vote of 15-6, and will soon move to a full vote by the Senate.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?