Intellectual Property Trends in 2024

As the legal landscape in 2024 unfolds, in-house counsel faces a dynamic and evolving terrain within intellectual property (IP) law. Anticipating trends is crucial, and an article by attorneys at Wolf Greenfield highlights key areas that are expected to shape the year ahead.

Life Sciences Sector:

• • Anticipation of increased scrutiny in US examination of claims in biotech and pharmaceuticals.
  • Recent cases like Amgen v. Sanofi and In re Cellect set precedents impacting antibody technology and patent expiration dates.

Drug Pricing and Inflation Reduction Act:

• • Influence on patent strategies due to the incentivization of biologics over small molecules.
  • The Biden Administration’s Executive Order mandates US manufacturing for government-supported products, affecting federally funded projects.

Litigation and International Trade Commission (ITC):

• • Anticipated rise in Section 337 non-patent claims at the ITC.
  • Recommendations for respondents to challenge or narrow ITC complaints.
  • Close attention is required for the operational Unified Patent Court (UPC) and European Unitary Patent, assessing their patent-friendliness.

Post-Grant Proceedings:

• • Practitioners await updated rules from the Patent Trial and Appeal Board (PTAB) for clarity on petition denials based on parallel litigation.

Artificial Intelligence (AI):

• • Emphasis on advising clients to file early and often in 2024.
  • Impact of President Biden’s Executive Order on AI development, influencing IP issues, patent inventorship, and eligibility.

Design Patents:

• • Importance of effective titles stressed after the Columbia Sportswear case.
  • Strategic thinking is essential for commercial priorities when drafting design patent applications.

Trademark Issues:

• • Supreme Court’s examination of the balance between free expression and protection in the Jack Daniels case.
  • Significance of the ongoing Vidal v. Elster case in 2024, particularly regarding trademarks featuring living individuals’ names.

As legal professionals navigate the complexities brought forth by recent precedents, legislative changes, and executive orders, their ability to adapt and proactively address emerging issues will be paramount. The intersections of law, technology, and innovation continue to shape the intellectual property landscape, and staying ahead of these developments remains crucial