Intellectual Property Law and Copyright Laws

In an Official Gazette Notice signed by USPTO Director John A. Squires, the USPTO has established a new pre-order procedure in ex parte reexamination proceedings, effective for all reexamination requests filed on or after April 5, 2026. Patent owners are now permitted to formally weigh in before the USPTO decides whether a reexamination request raises a Substantial New Question of patentability (SNQ) under 35 U.S.C. § 303(a)—the threshold that must be met before reexamination can be ordered.

On March 13, 2026, the USPTO supplemented its guidance for the examination of design patent applications related to computer-generated interfaces and icons. The USPTO revisited whether a “design [patent] claim including a computer-generated electronic image constitutes statutory subject matter.” Federal Register/Vol. 91, No. 49/March 13, 2026/Notices, 12394. In answering affirmatively, the USPTO addressed feedback that prior guidance “may unnecessarily limit flexibility” for applicants seeking design patent protection for computer-generated interfaces and icons.

Nike's Air Max 95 sneaker featuring orange, green, and red stripes has sparked a federal trademark lawsuit from 7-Eleven, which claims the design unlawfully copies its distinctive tri-color branding. The convenience store chain argues that the shoe's color scheme, combined with its July 11 release date and "corner store" marketing references, creates consumer confusion about an unauthorized collaboration.