IP Watchdog: What Do We Want? IP Stakeholders Weigh in on Wildest Dreams for 2026

Rod Berman, partner and Chair of the Firm’s Intellectual Property Group, and IP partner Joseph Mellema were recently quoted in the Law360 article, “What Do We Want? IP Stakeholders Weigh in on Wildest Dreams for 2026.” The article surveyed IP attorneys on what they hope will transpire in the new year.

Berman and Mellema commented, “In a perfect IP world for 2026, several longstanding pain points would finally be addressed. For companies managing global portfolios, a truly centralized system for worldwide patent and trademark filings, paired with unified and streamlined financing, would dramatically reduce administrative burden, cost, and inefficiency across jurisdictions.

Another major wish is a slowdown in the commoditization of patent prosecution. Restoring greater emphasis on strategy, technical depth, and claim quality would benefit both innovators and the integrity of the patent system as a whole.

At the doctrinal level, a definitive Supreme Court ruling clarifying patent eligibility under 35 U.S.C. §101 would be transformative. Clear, consistent standards would reduce uncertainty and allow innovators to better assess risk and value at earlier stages of development.

Relatedly, subject matter eligibility determinations, particularly at the examination level, would rely far less on examiner subjectivity. A more objective framework would limit the use of complex Alice/Mayo Step 1 and 2 rejections as a procedural shortcut, reducing unnecessary prosecution cycles and escalating costs for applicants.

Finally, continued refinement of the USPTO’s modernized trademark application and TTAB filing systems would smooth practitioner workflows, improve reliability, and deliver on the promise of a more efficient, user-friendly trademark process.”

Read the full IP Watchdog article: What Do We Want? IP Stakeholders Weigh in on Wildest Dreams for 2026.