MONTHLY ROUNDUP FOR MAY 2026
Welcome to the first Monthly Roundup, a note published on the last business day of each month. Each installment shares the month’s most-read story, highlights from IPO you might have missed, teasers about things to come, and occasional observations about our readership data. We welcome your feedback!
Most-Read This Month
The most-clicked story in May was the announcement that the IPO Board adopted a resolution on patent subject matter eligibility under 35 U.S.C. § 101. The resolution is the culmination of approximately 18 months of work by a specially appointed working group and reflects the Board’s position on the proper scope of patentable subject matter, particularly for inventions involving natural phenomena and abstract ideas.
In Case You Missed It
- The Board also adopted a resolution urging Congress to amend the ACPA to clarify that renewal of a domain name registration gives rise to a cause of action, resolving a circuit split between the Ninth and the Third, Fourth, and Eleventh Circuits.
- IPO submitted comments on the USPTO’s GUI and icons guidance for examining design patent applications, applauding its greater flexibility and offering targeted suggestions.
- IPO hosted three webinars: International Considerations in IP Portfolio Management, Implementation of Long-Arm Jurisdiction by the UPC & German National Courts, and Sustainable Success: Two Evidence-Based Skills to Flourish Under Pressure. All three are available on demand at no charge to members.
Just For Fun
Our recent survey and focus groups confirmed that readers have a soft spot for the mysterious IP Curmudgeon, who brings a little levity to our reporting by calling out the misuse (or abuse?) of language in IP law and practice every Friday.
On the Horizon
Watch for the first installment of “AI Insights” and a new five-part monthly series called “Technical Advisors & Special Masters: A Primer” launching on Monday.
Have an idea or a proposal for Daily News? Email Samantha Grover samantha@ipo.org or submit at ipo.org. (link to the webform)
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** TRADE SECRET OWNER VIOLATED STATUTE OF LIMITATIONS
Insulet Corp. v. EOFlow, Co. Ltd., 25-1807 — Yesterday in an opinion by Judge DYK, the Federal Circuit reversed a district court judgment that EOFlow had misappropriated Insulet’s trade secrets related to detailed technical information and research and development of an insulin patch pump. Insulet argued the discovery rule to the Defend Trade Secrets Act’s (DTSA) statute of limitations because the Supreme Court had rejected the inquiry-notice rule under a similar statute.
The Federal Circuit did not decide which rule applied, holding that the statute of limitations had expired under both. Applying the access-plus-similarity test, the evidence showed Insulet had sufficient knowledge to state a claim for trade secret misappropriation before the critical date through emails showing EOFlow had hired a former employee with knowledge of and access to Insulet’s trade secrets and was developing a similar product. Writing in dissent, Judge PROST argued the plain language of the DTSA applied the discovery rule and the majority “conflated” the standards by focusing its analysis on when Insulet should have begun its investigation versus when it should have discovered the misappropriation.
(1 to 4 stars rate impact of opinion on patent & trademark law)
https://www.cafc.uscourts.gov/opinions-orders/25-1807.OPINION.5-28-2026_2700697.pdf
USPTO REPORTS REDUCTION IN NOTICE OF ALLOWANCE MAILING PENDENCY
This week the USPTO reported that it has achieved significant progress in reducing mailing pendency for patent application Notices of Allowance (NOAs) after reviewing the NOA workflow, identifying steps requiring manual attention and steps that could be automated. Subsequent streamlining reduced average processing time from 25 minutes to 6 minutes per application. The USPTO reported that weekly output increased from approximately 6,000–7,000 to approximately 15,000, virtually eliminating the backlog of NOAs awaiting mailing.
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PRONOUNCING AMICUS CURIAE BRIEF
The Great Debate ─ “Amicus” is Latin for “friend.” The debate is over whether to say “uh-MEE-kuhs” or “AM-i-kuhs.”
According to word guru BRYAN GARNER, uh-MEE-kuhs is more common. But is he up to date on changing usage? I find AM-i-kuhs is now gaining favor in the Washington DC area. Is it a regional thing? Local law schools? Or a new generation of lawyers? No one seems to know. The newest U.S. Supreme Court Justice, KETANJI BROWN JACKSON, says AM-i-kuhs. Go with the flow.
Curiae ─ It’s Latin for “court.” The standard pronunciation is KYOOR-ee-eye. You will occasionally hear KYOOR-ee-ee. “Curiae” is often omitted in favor of just “Amicus Brief.”
Other Tips ─ Because these words are in common English usage, italicization isn’t needed. The plural of amicus is amici. It’s usually pronounced uh-MEE-kee. When you’re not speaking to lawyers, you can say “Friend of the Court Brief.”
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Your friend,