LitigationUSA
USPTO Issues Show-Cause Orders for Patent Applications That Would Result in Zero-Term Patents Following Federal Circuit Ruling
In response to the In re Forest decision, the USPTO targets pending applications likely to issue without enforceable patent terms to optimize prosecution resources and reduce unne…
Following the April 3, 2025 Federal Circuit ruling in In re Forest, which clarified that provisional rights under 35 U.S.C. § 154(d) apply only when a patent issues with enforceable exclusionary rights, the USPTO has initiated a new procedural step. The Office is identifying pending patent applications that, if grante…