Henry Patent Law Firm Newsletter – February 2025

The Rising Value of Track 1

The US patent office is already feeling the impact of the federal hiring freeze ordered last month, and patent applicants will soon feel the impact as well.

Patently-O reports that, due to the hiring freeze, the US patent office canceled its plans to hire over 800 new examiners this year, which was intended to address the growing backlog of unexamined patent applications.

Now, the backlog will almost certainly grow larger, and the wait time for examination will grow longer. This isn’t necessarily a bad thing for everyone. Sometimes there’s added value in slowing down the patent process, for example, to defer costs and preserve options. But faster is usually better.

Thankfully, there’s an easy way to expedite examination in the US, so you don’t have to worry about the patent office’s growing backlog. We’ve written a whole blog about different ways to speed up patent prosecution, but in most cases, the best option is to file a Track 1 request for prioritized examination.

Track 1 is pretty simple: you pay an additional fee upfront, and the patent office bumps your application forward in line. The main effect is to expedite examination; you can reach a final disposition (two rounds of examination or an allowance) within one year of filing. More details here.

In addition to speed, there’s another benefit to Track 1, even if it’s somewhat anecdotal. Patent examiners often take a more collaborative approach in Track 1 applications, which leads to a more compact and efficient process overall. 

So even though there’s an additional fee for Track 1, it often pays for itself by reducing the overall cost of examination. We’ve filed hundreds of Track 1 applications over the years, and we’ve found it to be a very valuable tool for our clients. With the growing backlog of applications, it’s going to be even more valuable this year!

Patent Considerations for AI-Related Innovations 

Especially in recent years, artificial intelligence (AI) has emerged as a transformational and increasingly ubiquitous tool, permeating many innovative developments across a diverse range of industries. As the investment in AI-related innovation increases, patent protection has become even more important. In his recent blog post, my colleague Bryan Candelario explores strategies for patenting innovations in the AI space.

Patenting Network-Connected Systems: 4 Challenges for Tech Companies 

Network-connected systems, like the “Internet of Things” (or IoT), have already revolutionized our daily lives. At this point, there are already tens of billions of IoT devices in the world, and that number is projected to grow significantly in the coming years.

With so much opportunity at stake, it’s not surprising that many technology companies are interested in developing patent protection for IoT technologies. In a recent blog post, I discuss the key challenges that could arise in protecting, enforcing, and licensing IoT patent rights. 

Wearables Technology: Top and Emerging Trends of 2025

Wearable technology has transformed the way we interact with electronic devices, and its ubiquity has enabled the industry to grow rapidly in sectors like health, fitness, and productivity. Naturally, the market’s expansion means that innovators have to get more creative to maintain a competitive edge, starting with robust IP protections. 

The first step is to understand the current state of the art, including the latest trends and developments. In my recent blog post, I provide a general overview of the state of the wearables market, including possible applications and key players in the IP space.

Foreign Filing Licenses: Key Considerations for International Innovation 

For companies that operate globally or collaborate across borders, foreign filing licenses can get tricky in certain scenarios. When you’re filing a patent application for an invention developed by an international team, navigating the rules of each country can be critical to securing strong patent protection.

In his recent blog post, my colleague Samuel Udovich explores the importance of understanding foreign filing license rules and offers insight on how to stay ahead of complex requirements and avoid making costly mistakes.