USPTO Announces Leadership Change, New PTAB Moot Court, and Trademark Center Enhancements in October 2026

On October 5, 2026, the United States Patent and Trademark Office (USPTO) welcomed John F. Duffy as its new General Counsel and Acting Solicitor. In this role, Duffy oversees the Office of General Counsel (OGC), which includes the Office of the Solicitor, the Office of General Law, and the Office of Enrollment and Discipline (OED). USPTO Director Kathi Vidal Squires delivered remarks praising Duffy during his swearing-in ceremony.

Shortly thereafter, on October 9, the USPTO announced the launch of a new Patent Trial and Appeal Board (PTAB) Moot Court Competition aimed at cultivating the next generation of PTAB advocates. This initiative, developed in collaboration with Indiana University Maurer School of Law, offers participating teams the opportunity to work directly with Administrative Patent Judges (APJs). The competition, which carries no entry fee, is scheduled to take place entirely during the Spring 2027 semester, providing practical experience and insights into presenting cases before the PTAB.

On October 19, the USPTO reported significant uptake of its Trademark Center’s mark description generator, a feature introduced in April 2026. Since its debut, over 25,000 applicants have utilized the super intelligence-generated mark descriptions and color claims, representing approximately 42% of design mark applications filed within a six-month period.

Further enhancements to the Trademark Center were announced on October 26. Effective October 31, the USPTO retired eight forms previously available through the Trademark Electronic Application System (TEAS), requiring customers to transition to the Trademark Center. New features include a form for requesting deletion of the Section 1(b) basis, improved ease of updating information in maintenance and renewal forms, and an updated navigation menu. The USPTO plans to complete the full transition from TEAS to the Trademark Center by spring 2027.

In recognition of Veterans Day, the USPTO announced a virtual program scheduled for November 19, 2026, from 1 to 2 p.m. Eastern Time. The program will focus on building and protecting business brands, highlighting the contributions of military spouses and military-connected entrepreneurs to families, communities, and local economies.

On October 28, the USPTO reported that trademark filings exceeded all fiscal year 2026 goals, including meeting pendency and quality benchmarks. The agency highlighted the successful launch of tools such as Class ACT, image searching capabilities, and the Trademark Center mark description generator, alongside efforts to combat scams and fraud.

Also on October 28, the USPTO announced a webinar on the Small Business Innovation Research (SBIR) program and intellectual property scheduled for November 12, 2026, from 2 to 4 p.m. Eastern Time. The webinar will feature insights from the National Science Foundation (NSF) and information from the Small Business Administration (SBA) regarding America’s Seed Fund.

The USPTO issued two notices inviting public comments on information collection activities. The first, published on October 6, 2026, seeks comments by December 7, 2026, on the extension and revision of data collection related to the Patent and Trademark Resource Center (PTRC) Program used by public libraries (91 FR 63529). The second notice, also published October 6, requests comments by November 5, 2026, on data from the USPTO’s ongoing Global Intellectual Property Academy (GIPA) Surveys (91 FR 63530).

Additionally, on October 30, the USPTO announced it would submit an information collection request to the Office of Management and Budget (OMB) concerning the impact of non-DOCX filing surcharge fees for nonprovisional utility patent applications. Comments are due by November 30, 2026 (91 FR 68495).

Regarding PTAB proceedings, two recent Director Review decisions were issued by Director Squires. On October 19, 2026, in IPR2025-00339 (Paper 33), the Director granted review, vacated in part the Final Written Decision, and remanded the case to the Board for further proceedings. Subsequently, on October 26, 2026, in IPR2026-00374 (Paper 18), the Director denied a patent owner’s request for discretionary denial.

For further information or inquiries, WilmerHale’s Intellectual Property Department contacts include Partner and Vice Chair David L. Cavanaugh ([email protected]) and Senior Associate Patrick Nyman, PhD ([email protected]).

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