Partner John Lyon has contributed to the 2026 edition of the Chambers and Partners Intellectual Property Trends & Developments Guide for Georgia, providing analysis on recent developments in design patent law.
The article focuses on the Federal Circuit’s decision in LKQ v. GM and its impact on how design patent obviousness is evaluated. It outlines the shift away from the Rosen–Durling framework and discusses how the updated standard may affect both patent prosecution and post-grant challenges.
The piece also considers implications for Georgia-based companies and industries where design plays a central role in product development and differentiation.
Read the full article on Chambers website here.
The USPTO announced they are shortening the time period for delays in patent actions that require justification and higher petition fees, in an update to rule 37 CFR 1.17(m).
The final rule action, published on June 24, 2026, will require additional information and higher fees for petitions filed more than one year after the patent action was due, while the current rule permits two years before imposing additional requirements.
This change will affect critical patent actions including petitions seeking the revival of an abandoned application, acceptance of a delayed maintenance fee payment, and acceptance of a delayed priority or benefit claim.
The USPTO cited concerns that extended delays may not be unintentional, warranting further explanation of the circumstances on the record. The change aims to increase predictability of patent rights by reducing the window of uncertainty regarding whether a patent application or expired patent will be unexpectedly revived.
Petitions filed on or after August 13, 2026 will require additional information and higher fees when filed more than one year after the date:
Although the petition fee rates will remain the same, the cutoff for lower petition fees will be shortened to 1 year.
| Before 1 year+ | After 1 year++ | |
|---|---|---|
|
Micro entity |
$452.00 |
$600.00 |
|
Small entity |
$904.00 |
$1,200.00 |
|
Other than a small or micro entity |
$2,260.00 |
$3,000.00 |
While this rule change shortens the period when additional information is required, the USPTO also has discretion to require such information at any time there is a question of unintentional delay. Notably, the additional information must demonstrate that the entire period of delay was unintentional. In their announcement, the USPTO cites In re Rembrandt Technologies LP Patent Litigation as an example where patents have been held unenforceable based on an inaccurate statement that the entire period of delay was unintentional, underscoring the potential consequences of extended delays in patent actions.
Those who are filing petitions should review their patent portfolios for abandoned applications, missed maintenance fees, or priority claims that are approaching or have already passed the one-year date, but have not yet reached the two-year date.
These petitions should be prioritized to avoid increased fees and the requirement to provide additional documentation of unintentional delay.
The USPTO has also announced that accompanying updates will be made to the Manual of Patent Examining Procedure (MPEP). While there is no official date for the MPEP changes, we will continue to monitor any updates and share them with you.
Our team is available to discuss how this change may impact your patent strategy and to address any questions regarding potential implications for your patents or filings. Contact us today.
Thomas Horstemeyer, LLP has been nationally ranked in The Legal 500 United States 2026 edition, earning a Tier 4 ranking for Patents: Prosecution (including re-examination and post-grant proceedings).
The Legal 500 is a globally recognized legal directory that has evaluated law firms and attorneys for almost 40 years. Their rigorous research process includes client and peer feedback, and interviews with leading practitioners in the field.
This national recognition reflects the strength of the firm’s patent prosecution practice and its ability to deliver strategic, high-quality intellectual property counsel across complex matters.
To learn more about our rankings with The Legal 500, click here.
Thomas Horstemeyer, LLP has been recognized in the Chambers USA Guide 2026, earning a Band 5 ranking for Intellectual Property in Georgia.
In a highly competitive field that includes many large national and international law firms, this recognition underscores the strength of the firm’s intellectual property practice. As a boutique firm, Thomas Horstemeyer continues to deliver the level of sophistication, strategic insight, and client services associated with leading practices in the market.
As part of its research, Chambers highlighted several of the firm’s strengths; including the team’s ability to deliver pragmatic, client-focused advice, while offering creative, forward-thinking solutions. Chambers also emphasized the firm’s collaborative approach and commitment to high-quality service.
The Chambers USA methodology consists of independent research conducted by a team of analysts, including interviews with clients and peers.
To view what Chambers wrote about the firm, click here.