"The enormity of the problem cannot be understated. A Federal Circuit panel recently reached a final decision that, if not overturned, will destroy the U.S. patent system, and will ironically impact the most valuable patents disproportionately. The ruling was simple and continues a disturbing and inexplicable trend-a patent issued after more than six years in prosecution is presumed unenforceable as the result of prosecution laches."
"with almost 840,000 unexamined patent applications pending as of January 2025, and an overall total of 1.2 million pending patent applications. Although the Trump Administration has been able to cut the number of unexamined patent applications to approximately 800,000, the backlog remains historically large. And with no appreciable change in the incoming filing rate and few new examiners hired, we can expect this historic patent backlog to continue to fester."
A Federal Circuit panel ruling presumes prosecution laches can render patents unenforceable after more than six years in prosecution. A historic patent backlog persists—about 840,000 unexamined applications and 1.2 million pending as of January 2025, modestly reduced to roughly 800,000 unexamined—while filing rates remain steady and examiner hiring is limited. Continued delays combined with expanding use of prosecution laches threaten applicants who rely on continuations or RCEs to secure full patent scope. Gilbert Hyatt intends to seek en banc review to challenge whether prosecution laches may bar issuance of patents that meet statutory criteria, citing Petrella and SCA Hygiene.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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