2023 was a relatively quiet year in the patent world. Nevertheless, there were a few major developments, including a Supreme Court decision that directly affects patent applicants and several pieces of proposed legislation that would make significant changes to patent law. 

The COVID-19 pandemic launched a healthcare innovation race without parallel in recent history. Recognizing the need for swift action, companies large and small across the healthcare industry jumped into action to do their part to develop diagnostics, therapeutics, and vaccines for COVID-19. Now that roughly two years have passed since the peak of the pandemic, we have a fuller body of COVID-19-related patenting data from the USPTO and patent offices around the world. While several studies have analyzed COVID-19-related patents — notably, the WIPO 2022 study of COVID-19 vaccines and therapeutics — none have focused specifically on COVID-19 diagnostics patents. 

Earlier this year, the United States Patent and Trademark Office announced in a Federal Register notice that it is extending its Collaborative Search Pilot program through October 31, 2024.

From new USPTO offices to landmark Supreme Court patent cases to patent eligibility reform legislation, 2023 has shaped up so far as a busy year for the patent world.

In April 2023, the USPTO announced proposed reforms concerning the PTAB’s discretion to deny petitions for IPR and PGR. The proposed rule would clarify and broaden the PTAB’s discretionary powers.

In June, the USPTO issued its 2022-2026 Strategic Plan. The plan outlines five major mission-focused strategic goals they hope to accomplish within the next three years.

The USPTO first announced in August 2020 that it would be imposing a new fee for patent applications not filed in DOCX format beginning on January 1, 2022. After multiple extensions,  the USPTO announced that the deadline is now June 30, 2023.  

The USPTO recently published a final rule announcing that it would encourage the transition to filing in DOCX format by imposing new fees on certain documents submitted in a non-DOCX format. The new rule takes effect on April 3, 2023.*

2022 was a year of change at the USPTO, while familiar trends once again dominated in the legislature and the judiciary. Below are a few of the most important patent developments of the year.

The Mayo/Myriad standard arguably introduced a great deal of uncertainty into the feasibility of obtaining patent protection for life sciences innovations and has been accused of curtailing the competitiveness of U.S.-based life sciences companies in the global marketplace.