Looking Forward to 2026: IP Predictions and Prospects for the Year Ahead

Ian Soule, director in Sterne Kessler’s Mechanical & Design Practice Group, shared his 2026 predictions for intellectual property law with IPWatchdog.

Soule commented, “The past year’s developments both at the PTAB and in the broader patent ecosystem have started to tilt back toward a favorable enforcement environment. As a result, competitor-to-competitor litigation may once again be an attractive option for companies looking to assert market dominance or capture market share. Third-party financing options will also be on the table for funding disputes involving operating companies with commercially meaningful IP—including creative opportunities for contingency arrangements on patent prosecution.”

He continued, “Beyond pure private sector competition, public partnerships as part of the recently announced Genesis Mission, provide new opportunities for domestic investment in patent strategy to compete in the global marketplace in several industries, including advanced energy solutions, supercomputing, and biological and agricultural challenges. The National Laboratories, ARPA-E, and other leading institutions will need to monitor development and should encourage domestic patent activity as part of these efforts to tackle scientific issues of the generation.”