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Commentary Trevor Rubin Commentary Trevor Rubin

More Than a Formality: Why the USPTO’s 2026 Design Patent Guidance May Matter for AR, VR, Holograms, and the Next Decade of Interfaces

On March 13, 2026, the U.S. Patent and Trademark Office issued supplemental guidance that should make it easier to seek design patent protection for computer-generated interfaces, icons, and other digital visual designs. At first glance, the guidance appears to make only a narrow procedural change: the Office removed the prior examination requirement that applicants depict at least a portion of the computer, display, or screen in solid or broken lines when claiming a graphical user interface (GUI) or icon. In practice, that requirement often amounted to little more than a dashed-line box around the claimed design. Applicants may now simply depict the icon or interface itself.

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Commentary Trevor Rubin Commentary Trevor Rubin

Plot Twist: Splicing Together DNA From Two Species Is NOT The Same As Mixing Yogurt Cultures

On February 20, 2026, the U.S. Court of Appeals for the Federal Circuit reversed a Delaware district court’s summary judgment of ineligibility, holding that REGENXBIO's gene therapy patent claims are not directed to a natural phenomenon. In doing so, Judge Stoll—joined by Judges Dyk and Hughes—provided a masterclass in how to properly apply the “markedly different characteristics” test from Diamond v. Chakrabarty to modern biotechnology. And the biopharma world is collectively exhaling.

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Commentary Trevor Rubin Commentary Trevor Rubin

So You Want to Compound a Patented Drug? A Legal Survival Guide for the Brave, the Bold, and the Bewildered

On February 8, 2025, I was watching Super Bowl LIX. On came a commercial by Him & Hers offering to deliver weight loss medications to your door. And they looked a lot like Ozempic® and Wegovy®. Being a pharma patent geek watching with another pharma patent geek, we stopped talking about using MALDI-TOF in infringement analyses and started asking a question that Novo Nordisk single-handedly made vogue last week. Why don’t compounders run afoul of patent law all the time? Or do they?

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