Gene Therapy And US Patent Eligibility Update

The ground of “patent ineligibility” has been applied fairly widely in US patent practice. However, a recent decision of the Federal Circuit Court in REGENXBIO, Inc. v. Sarepta Therapeutics, Inc., No. 24-01408 (Fed. Cir. 2026) (“REGENXBIO v. Sarepta”) provides welcome relief for applicants seeking to protect biotech inventions in the USA. The Federal Circuit has held that the genetically engineered host cells for producing gene therapy products claimed in REGENXBIO’s U.S. Patent No. 10,526,617 (“the ‘617 patent”) are [...]

The USPTO Changed The Rules For Digital Design Patents – Strategic Insights On What It Means For Your Business

The USPTO issued significant new supplemental guidance (Guidance) on March 13, 2026, updating its rules for design patent protection of computer-generated icons, graphical user interfaces, and projected and holographic interface designs. The Guidance addresses a set of constraints in the prior examination framework that made design patent protection for digital interfaces burdensome and narrower in scope. The Guidance is effective immediately and applies retroactively. Design patents protect the new, original, and ornamental appearance of [...]

Mandatory U.S. Counsel Requirement For Foreign Patent Applicants

The USPTO is expected to publish a Final Rule on March 20, 2026 that will, once effective (approximately 120 days after the date of publication), require patent applicants with at least one non-U.S.-domiciled applicant to be represented by a patent practitioner that is registered before the USPTO. The Final Rule will apply to all new applications filed on or after the effective date as well as all papers that are submitted for all pending [...]
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