Patent eligibility has been a hot topic in intellectual property law for over a decade. Within the last year, the U.S. Supreme Court’s interest in the topic, suggested legislation to remodel the law, and actions by the Federal Circuit and patent office have given attorneys a lot to consider. Law360 interviewed Finnegan partner Paul Browning for his thoughts on what to expect from the Federal Circuit and the U.S. Patent and Trademark Office (USPTO) in the coming year as it relates to patent eligibility.
“I personally don't think there's much hope and additional clarity from the Federal Circuit, just because they've acknowledged they're sort of at an impasse,” Paul said. Regarding changes at the USPTO, Paul suggested, “Is the patent office going to be issuing claims that will later be found not patent eligible because the courts are taking a different approach than the PTO? That's a distinct possibility. So it's sort of an interesting area to watch."
Read “Are Winds of Change Finally Blowing on Patent Eligibility?”
Press Release
October 6, 2026
Award/Ranking
Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027
September 24, 2026
Press Release
Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower
September 23, 2026
Award/Ranking
Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026
September 23, 2026
Commentary
New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret
September 21, 2026
Commentary
FORUM IP Talks: Dr. Jochen Herr on UPC, FRAND, and Cross-Border Enforcement Topics
September 20, 2026
Commentary
Pepsi's U.S. Trademark Dispute Could Reshape Brand Choices, Lawsuit Strategy, Lawyers Say
September 17, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.