Posts in Holiday Posts

This year, the U.S. Patent and Trademark Office (USPTO) granted several important patents claiming important innovations in 6G networks, generating reliable map data for autonomous vehicles and pest-resistant genetically modified crops. With a new year just days away, we hope the following list of the top 10 patents of 2025 sparks interest in the state of global innovation as we reach the final stages of the year.

While being realistic and practical in IP law is usually prudent, it’s a helpful exercise to now and then articulate one’s fantasies for a perfect world in order to gauge what topics come up most often. This year, as in years past, clarity on patent eligibility law remains high, while protections for an improvement of AI tools takes second. Some of the wishes below have little chance of coming true in 2026, but others may be granted—here is what our participants would like to see happen for IP in the new year.

Global litigation over standard essential patents (SEPs) is facing new strategies by implementers, mainly related to venue selection. There is an increasing risk of foreign decisions aimed at interfering with decisions on infringement of patents granted and issued in foreign jurisdictions – in clear tension with the territoriality principle. There is also a trend of abuse of process in the selection of venues within specific countries aimed at creating obstacles and delaying remedies and effective protection for national IP rights.

IPWatchdog has been using real images of our friends’, colleagues’ and readers’ dogs for our weekly Other Barks and Bites column since the middle of 2024, and have decided to run a “Dog of the Year” contest based on the dogs featured each week. The employees of IPWatchdog have narrowed down the list by choosing our favorites from the year (although we were not allowed to nominate our own dogs). Now, we ask our readers to make the final selection by selecting your favorite dogs for 2024 and 2025. We will announce the “winners” during the first full week of January. Click the link to submit your votes!

For Section 337 investigations before the U.S. International Trade Commission (ITC), 2025 was a year of contrasts. As one example, the Federal Circuit’s long-awaited decision in Lashify, Inc. v. ITC reduced the burden for satisfying Section 337’s domestic industry requirement, under which ITC complainants must show adequate U.S. investments in practicing or exploiting the asserted intellectual property rights. But this lower threshold did not immediately result in increased Section 337 complaint filings. For much of 2025, uncertainty concerning U.S. trade policy and federal government operations likely depressed ITC complaint filings.

Each year IPWatchdog surveys the IP community to get their thoughts on what the biggest moments in IP were that year. Some years, the comments vary greatly depending on respondents’ practice or perspective. Other years, there are clear winners for what mattered most that year, and 2025 fits this bill. With a few outliers for big trademark moments, the comments below almost exclusively highlight U.S. Patent and Trademark Office (USPTO) Director John Squires’ and Deputy Director Coke Morgan Stewart’s aggressive approach to reining in Patent Trial and Appeal Board (PTAB) proceedings and the various court decisions on artificial intelligence (AI) and copyright that have come down.

With another holiday season upon us, IPWatchdog is taking a stroll down the toy and gaming aisle to pick out this season’s gifts representing some of the more successful and unique IP stories. From major licensing deals spawning award-winning animatronic dolls to infringement lawsuits ensuring that U.S. consumers enjoy authentic versions of lovable anime characters, Santa will be slipping these gifts down the chimney this year thanks in no small part to the effective use of IP rights.

What do affiliated corporate entities, non-fungible token (NFTs) and cinnamon-flavored whiskey have in common? They each were the subject of significant trademark rulings in 2025. Below, we review three cases with big implications for trademark law and what’s on the horizon for 2026.  

The battle over whether U.S. copyright law permits artificial intelligence (AI) training on copyrighted works is no longer a theoretical debate. In 2025, three federal district court decisions began to sketch the boundaries of what counts as fair use in this context.

This year saw a world in which many employees had forms of Generative AI (GenAI) at their fingertips, either in the workplace or on their personal devices, and a world in which organizations continued to face unprecedented levels of cyber risk as they continued their digital transformation journeys. While data breach litigation is not new and tales of company confidential information being copied and pasted into open GenAI tools have haunted employers for what feels like years, trade secret issues arising from data breaches and GenAI use were not really trending issues in the courts in 2025. Indeed, perhaps surprisingly, equitable and contractual duties of confidence lay at the heart of the few cases involving trade secrets that were considered by the UK courts in 2025, with directors being under the microscope and the courts again grappling with issues around the identification and particularization of the confidential information at issue.

The year 2025 was one of profound change at the U.S. Patent and Trademark Office (USPTO). The magnitude and rate at which changes were implemented is unprecedented. The size and role of the Patent Trial and Appeal Board (PTAB) in America Invents Act (AIA) proceedings like inter partes reviews (IPRs) was completely overhauled.

As 2025 comes to a close, the holiday season is here, and in the fast-paced environment of IP law, the right tools can make a difference for the IP attorney in your life. We’ve crafted a list of the top five gift ideas this holiday season, tailored to IP attorneys, that are effective, practical, and innovative. From high-tech noise-canceling headphones to foundational IP reading, here are some last-minute gift ideas for those still scrambling to get their holiday shopping done.

This year has brought change and disruption across the board, and that certainly holds true in the realm of intellectual property. With a new U.S. Patent and Trademark Office (USPTO) Director in Office, and a new presidential administration pulling the strings, has come significant change. While many welcome the shake-up, others view this rapid shift as a challenge, and that is reflected in the comments below. However, one common thread seems to run through most submissions we received this year, and that is that IP practitioners are thankful for the companionship they’ve found in the IP bar and the fellowship they feel towards their colleagues.

Every November, we gather around tables filled with the fruits of hard work and gratitude. It’s a season that reminds us to pause and appreciate not only what we’ve built, but also the unseen effort and foresight that made it possible. In innovation, that same kind of gratitude is found in something often overlooked but profoundly important: Freedom to Operate (FTO). Most founders understand the excitement of being patent pending. But few truly grasp what it means to be free to operate. The two are not the same.