Intellectual Property Law and Copyright Laws

Recent policy changes at the United States Patent and Trademark Office have fundamentally altered the patent landscape, creating new challenges for those seeking to invalidate patents while simultaneously strengthening the position of patent holders. These shifts represent a significant departure from previous approaches to patent examination and post-grant review procedures.

The United States Patent and Trademark Office has finalized a major rule change requiring all foreign-domiciled patent applicants and patent owners to be represented by a U.S. registered patent attorney or agent starting July 20, 2026.

The Federal Circuit's decision in Dometic Corp. v. International Trade Commission reveals how claim construction disputes can simultaneously undermine both infringement analysis and domestic industry requirements in Section 337 proceedings. This case demonstrates the compounding risks ITC complainants face when their domestic products fail to practice asserted patent claims under the same construction used to establish infringement, even when economic investment in US operations is proven.