2024 Review: US Counsel Reflect on Top Patent Trends

Carla Kim spoke to Managing IP to discuss some of the notable patent-related trends and developments in 2024, including recent USPTO guidances and biopharma matters before the Patent Trial and Appeal Board (PTAB).

In early 2024, the USPTO published guidelines to set out how examiners should evaluate enable issues and also released updated guidelines for determining obviousness. Sterne Kessler Director and Chair of the Patent Prosecution Practice Carla Kim says the obviousness guidelines stood out this year.

Kim notes that obviousness rejections can be difficult to overcome. “It appears that the examiners have higher standards than they used to, and the obviousness guidelines suggest that examiners should be [having these standards],” she says.

Kim says she’s drafting applications more specifically and focusing the application more on why the patent isn’t obvious so she can draw on this during the examination stage. “During examination, I try to bring more evidence of non-obviousness,” she adds.