The Patent Landscape in 2026: Forces, Friction, and Strategic Consequences

The Patent Landscape in 2026: Forces, Friction, and Strategic Consequences

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The patent landscape is no longer defined by any single jurisdiction—and over the past year, a series of developments across the United States, Europe, and international institutions have begun to materially reshape how patents are drafted, prosecuted, challenged, and enforced. Some of these shifts are visible in headline decisions and policy initiatives. Others are unfolding more quietly through changes in examination practice, forum selection, litigation economics, and cross-border enforcement strategy. Taken together, they are redefining the global operating environment for patent owners, implementers, and investors.

This panel will deliver a strategic, worldwide briefing on what has actually changed—and what those changes mean in practice.

From the U.S. perspective the panel will discussion will examine evolving practices inside the USPTO, emerging dynamics at the PTAB, doctrinal trends at the Federal Circuit, changing litigation economics in the district courts, the continuing role of the ITC as an enforcement forum, and what—if anything—Congress is likely to do.

Moving beyond the U.S., the conversation will also examine developments across major patent systems around the world. Panelists will discuss key trends in European and international adjudication, the expanding efforts of the World Intellectual Property Organization (WIPO) with respect to standard essential patents, as well as anticipated insights from WIPO’s forthcoming economic study on FRAND.  WIPO’s ongoing efforts designed to increase transparency and improve access to critical innovation data worldwide will also be discussed.