The United States Congress, the US Patent and Trademark Office, the federal courts, and patent seekers have been locked in seemingly irreconcilable conflicts over patent standards and policy for almost 75 years....more
3/3/2026
/ Business Strategies ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Innovation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Popular ,
Research and Development ,
Risk Management ,
Startups ,
Trade Secrets ,
USPTO
If you're leading a high-tech startup, your source code is likely among your most valuable assets. Based on instinct or suggestions from investors or others, many founders often wonder whether to register claims of copyright...more
2/18/2026
/ Best Practices ,
Business Strategies ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Corporate Governance ,
Due Diligence ,
Intellectual Property Protection ,
Investors ,
Risk Management ,
Software ,
Startups ,
Venture Capital
On November 19, 2025, the European Commission published a package of legislative proposals known as the "Digital Omnibus." Designed to introduce flexibility into the EU's digital regulatory framework, the proposal aims to...more
12/4/2025
/ AI Act ,
Artificial Intelligence ,
California ,
Copyright ,
Data Protection ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Italy ,
Machine Learning ,
Minors ,
New Legislation ,
Online Safety for Children ,
Popular ,
Proposed Legislation ,
Trademark Infringement ,
Trademarks ,
UK
Whether an entity is seeking to invest in a start-up or maturing company, is in the shoes of a developing company looking for further investment, or is seeking to acquire or sell a product line or other corporate assets,...more
12/2/2025
/ Acquisitions ,
AI Act ,
Artificial Intelligence ,
Data Privacy ,
Data Protection ,
Due Diligence ,
EU ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Investment ,
Machine Learning ,
Mental Health ,
New Legislation ,
Patent Litigation ,
Patents ,
Regulatory Requirements ,
USPTO ,
Video Games
The explosive growth of artificial intelligence has created unprecedented challenges for patent protection. While AI may be "the most transcendent and transformative technology of our time," as USPTO Director John Squires...more
11/13/2025
/ Artificial Intelligence ,
CLS Bank v Alice Corp ,
Disclosure Requirements ,
Enablement Inquiries ,
European Patent Office ,
Intellectual Property Protection ,
Machine Learning ,
Manual of Patent Examining Procedure (MPEP) ,
Patent Applications ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Section 101 ,
USPTO
Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities...more
10/1/2025
/ Artificial Intelligence ,
Data Privacy ,
DMCA ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Online Marketplace ,
Online Platforms ,
Patent Cooperation Treaty ,
Patents ,
Trademark Infringement ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
Your technology is hot, and you have great write-ups, a pitch deck, maybe even a proof of concept. After a couple of weeks, you have a complete draft patent application ready. Now what? Many startup founders wonder whether...more
For U.S. startups developing innovative technology, the decision of where and how to file international patents requires a careful balance of strategic considerations versus costs. After filing your initial U.S. application,...more
9/2/2025
/ China ,
European Patent Office ,
Innovative Technology ,
Intellectual Property Protection ,
Japan ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Filings ,
Patents ,
South Korea ,
Startups
For startup founders and CTOs navigating the patent landscape, understanding the prosecution timeline is essential for strategic planning and resource allocation. After filing your patent application with the USPTO, the...more
8/25/2025
/ Continuation Applications ,
Corporate Counsel ,
Inventors ,
Patent Applicants ,
Patent Applications ,
Patent Examinations ,
Patent Filings ,
Patent Prosecution ,
Patents ,
Prior Art ,
Prioritized Examination ,
Provisional Applications ,
Request for Continued Examination ,
Startups ,
Strategic Planning ,
USPTO
For startups sensitive to cash burn rate, provisional patent applications often seem like the perfect solution—lower filing fees, simplified requirements, and a full year to file the "real" application. However, this...more
8/14/2025
/ Disclosure Requirements ,
Intellectual Property Protection ,
Inventors ,
Patent Applications ,
Patent Filings ,
Patent Prosecution ,
Patents ,
Prior Art ,
Provisional Applications ,
Risk Management ,
Startups ,
USPTO ,
Written Descriptions
When developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering....more
8/8/2025
/ Confidential Information ,
Disclosure Requirements ,
Innovative Technology ,
Intellectual Property Protection ,
Patent Applications ,
Patent Filings ,
Patents ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
Trade Secrets
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more
Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO