The world of intellectual property is constantly evolving, and IP prosecution—the process of securing patents, trademarks, and copyrights–is no exception. As we look back at 2024 and forward towards the rest of 2025, several key trends have shaped and will continue to influence how innovators seek and obtain intellectual protection for their valuable IP assets.
2024 saw monumental developments. From the Supreme Court’s decision to overturn the Chevron decision, which reduced court deference to USPTO’s reasonable interpretations of ambiguous patent statues, to momentum on potentially the most game-changing patent legislation to be introduced since the America Invents Act, including the RESTORE Patent Rights Act of 2025 and PREVAIL Act introduced in 20245, to growing trends in IP prosecution activities for generative AI inventions, a lot happened will shape the rest of 2025 and beyond.
Here, we focus on salient trends shaping IP prosecution, specifically in the world of patents.
2024: A Year of Nuance and Adaptation in IP Prosecution
2024 saw a continuation of existing trends alongside the emergence of new considerations in the IP prosecution landscape. Here are some of the key highlights:
Increased scrutiny and patent quality: Patent offices worldwide, including the U.S. Patent and Trademark Office (USPTO), European Patent Office, and China National Intellectual Property Organization, continued their focus on patent quality. Examiners became more rigorous in their examination, leading to a higher rate of rejections and a greater need for applicants to present strong and well-supported arguments. At the USPTO, for example, more than 92% of patent applications received at least one rejection during the examination process, owing to a higher bar of acceptance, greater scrutiny of software and business method patents, and stricter interpretability of patentability criteria, to name a few reasons.
Navigating AI-related inventions: The rise of artificial intelligence continued to pose challenges and opportunities in patent prosecution. Defining patentable subject matter for AI-driven inventions, particularly those involving machine learning algorithms, remained a complex area. Applicants needed to carefully craft claims to overcome potential rejections related to abstract ideas.
The USPTO issued guidance on the patentability of AI-assisted inventions, emphasizing that while AI can be a tool, the focus remains on the human contribution to the invention. The guidance highlights the need for applicants to clearly describe the specific technical implementation and the practical application of their AI inventions
Emphasis on software patents: While the landscape for software patents has been evolving, 2024 saw continued emphasis on ensuring that software inventions met the criteria for patentability, often requiring a demonstration of a technical effect or a solution to a technical problem.
Global harmonization efforts: Efforts towards greater harmonization of patent practices across different jurisdictions continued, with discussions and initiatives aimed at streamlining procedures and reducing inconsistencies. For example, the Patent Cooperation Treaty, administrated by the World Intellectual Property Organization, provides a unified procedure for filing patent applications in multiple countries, simplifying the initial filing process for inventors and reducing the burden on patent office. Similarly, the Paris Convention for the Protection of Industrial Property establishes the principle of “priority right,” allowing an applicant who has filed a patent application in one member country to claim the same filing date in other member countries within a specific timeframe (usually 12 months), helping businesses secure early priority for their inventions in multiple jurisdictions.
Significant differences in interpretation and examination standards for these and other international agreements persisted due to variations in national laws and regulations, cultural and economic differences, specific patent office practices, and different legal interpretations of the same legal principles.
Increased use of digital tools and automation: Patent offices and applicants alike increasingly leveraged digital tools and automation for various aspects of IP prosecution, from filing applications and managing deadlines to conducting prior art searches. This trend aimed to improve efficiency and reduce administrative burdens.
Focus on patentability of green technologies: With growing global awareness of climate change, patent offices showed a continued interest in fostering innovation in green technologies. Applicants in this space might have found a slightly more favorable reception, provided their inventions met the standard patentability criteria.
The impact of patent eligibility jurisprudence: Court decisions and evolving legal interpretations, particularly regarding patent eligibility under Section 101 in the U.S., continued to significantly impact IP prosecution strategies and the types of inventions being pursued.
2025 and Beyond: Shaping the Future of IP Prosecution
In 2025, several IP prosecution trends are poised to further shape the landscape for patents:
Further refinement of AI examination guidelines: We can anticipate more specific guidelines and examination practices from patent offices regarding the patentability of AI-related inventions, aiming to provide more clarity for applicants.
Continued focus on patent quality and litigation avoidance: The pressure to obtain strong, defensible patents will remain high. Applicants will need to focus on crafting robust claims and providing thorough support in their specifications to minimize the risk of post-grant challenges and litigation.
Growing importance of international filing strategies: With an increasingly globalized innovation landscape, the need for strategic international patent filing will continue to grow. Applicants will need to carefully consider their target markets and tailor their prosecution strategies accordingly.
Potential for further harmonization initiatives: While challenges remain, there might be further progress towards harmonizing certain aspects of patent prosecution across major jurisdictions, potentially simplifying the process for applicants with global ambitions.
Integration of sustainability considerations: The focus on green technologies and sustainable innovation is likely to become even more integrated into patent examination practices, potentially leading to specific incentives or considerations for such inventions.
Evolving landscape for biotechnology and pharmaceuticals: The prosecution of patents in the biotechnology and pharmaceutical sectors will continue to be complex, with ongoing discussions around patent term extensions, the patentability of new uses, and the impact of biosimilars.
Navigating Today’s IP Prosecution Landscape
To successfully navigate the patent prosecution landscape, businesses should consider the following:
- Thorough prior art searching: Conduct comprehensive searches to understand the existing landscape and craft novel and non-obvious claims.
- Clear and concise drafting: Draft clear, precise, and well-supported patent applications that effectively define the invention.
- Strategic claiming: Develop a strategic claiming approach that balances broad protection with the need to overcome potential rejections.
- Proactive engagement with examiners: Be prepared to engage proactively with patent examiners, providing clear arguments and evidence to support patentability.
- Understanding global differences: Recognize and understand the specific examination practices and legal frameworks of the countries where patent protection is sought.
- Leveraging technology and analytics: Utilize available tools and analytics to optimize the IP prosecution process and gain insights into examiner behavior.
- Staying Informed: Keep abreast of the latest developments in patent law and examination practices through legal updates and industry publications.
The patent prosecution process is a critical step in protecting innovation. By understanding the trends of 2024 and anticipating evolving and new developments, businesses can navigate this complex landscape more effectively and secure valuable IP rights for their inventions. The key is to be informed, strategic, and adaptable in an ever-evolving world of intellectual property.
UnitedLex helps companies and law firms of all sizes effectively align IP strategies to their business realities, resulting in measurable value. To learn more, let’s connect and discuss.
