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Inventions

Bricker Graydon Wyatt LLP

Anticipate the Unexpected: How Effective Processes Avoid Patent Ownership Disputes

Higher education institutions often benefit when they commercialize innovation and protect patent rights. However, unexpected business arrangements, institutional delays, and predetermined assumptions can frustrate these...more

Morrison & Foerster LLP

The PTAB Reaffirms Priority Decision for CRISPR IP

On March 26, 2026, the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) reaffirmed its prior determination that the Broad Institute has priority over the University of California for the invention of a single-guide...more

Baker Botts L.L.P.

Navigating the Risks of AI-Assisted Patent Drafting

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Generative artificial intelligence tools are increasingly being integrated in legal workflows, including patent practice. AI tools now exist to assist patent practitioners with tasks such as summarizing invention disclosures,...more

Jones Day

Unintended Consequences: GAO Report Questions Impact of Exercising March-In Rights for Drug Pricing

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The Government Accountability Office ("GAO") recently issued a report evaluating the National Institute of Standards and Technology's ("NIST") 2024 draft guidance on exercising march-in rights under the Bayh-Dole Act. For...more

Kilpatrick

Essential Patent Protection Areas for Pharma Startups - Secondary Patents

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This entry, Part IV in our multi-part series, examines the strategic importance of secondary patents in the pharmaceutical industry, with a focus on how follow-on inventions, such as improved formulations, combination...more

Ropers Majeski

Prompting Protection: What Every Company Needs to Know About the Potential New AI Bills

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Currently, two bipartisan bills in Congress address the use of copyrighted works in generative artificial intelligence (AI) training. Both share a common goal of improving transparency in how AI models are trained on...more

Cooley LLP

US Government Rights in Technical Data, Software and Subject Inventions: A Primer for Early-Stage, Dual-Use Companies

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Dual‑use startups often seek nondilutive funding through US government contracts, grants, cooperative agreements and “Other Transactions”. Such public funding can be a powerful growth catalyst, but it brings with it a...more

Morgan Lewis

Federal Circuit Narrows Design Patent Scope Based on Functional Considerations

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In a recent case, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement of a design patent, signaling heightened scrutiny of functional features in design...more

Tarter Krinsky & Drogin LLP

Technology Transfer Tips

Bayh-Dole Act Compliance: When Is an Invention a “Subject Invention”? Due to recent high-profile events at the national level involving universities, the Bayh-Dole Act is again at the top of everyone’s minds. One aspect...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2025 Design Patents Year in Review: Analysis & Trends | 5th Edition

In 2025, design patent law continued to evolve across institutions, jurisdictions, and borders. It was a busy year for design patent cases at the U.S. Court of Appeals for the Federal Circuit (CAFC), with three precedential...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2025 AI Intellectual Property Year in Review: Analysis & Trends | 2nd Edition

This year, intellectual property (IP) law and policy directly addressed the realities of generative artificial intelligence (AI). With a new director at the helm, the U.S. Patent and Trademark Office (USPTO) issued new...more

Skadden, Arps, Slate, Meagher & Flom LLP

My IP Is Not Your IP: Clear Terms Are Key in Joint Development Agreements

Protecting a company’s confidential information — and ensuring there is the ability to sort through whose confidential information is whose — is of the utmost importance in a joint development agreement (JDA)....more

Polsinelli

Life Sciences Spotlight - Volume 3 - Turning Insight Into Action: A Life Sciences Playbook for 2026

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Clients & Friends, Looking back on 2025, one word comes to mind: resiliency. The life sciences sector has taken some hits, but it kept moving. Public markets are showing real signs of life again. The private side - frozen...more

Phelps Dunbar

USPTO Plans to Require U.S.-Licensed Agents for Foreign-Domiciled Patent Applicants

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Foreign-domiciled patent applicants may face new filing requirements in 2026. The United States Patent and Trademark Office (USPTO) proposed a rule that would require patent applicants or owners domiciled outside the United...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items.  We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out. ...more

Weintraub Tobin

The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season (Featured)

Weintraub Tobin on

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a...more

Weintraub Tobin

(Podcast) The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season (Featured)

Weintraub Tobin on

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a...more

Thompson Coburn LLP

IP Corner® – December 2025 Edition

Thompson Coburn LLP on

Welcome to TC’s IP Corner® Holiday edition. We are excited to share this quarterly newsletter with our clients, colleagues, and friends as we examine hot topics, interesting cases, and weird yet entertaining happenings in the...more

Burr & Forman

If You’re Patenting a Product, Humans Must Get the Credit—Not AI

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Manufacturers are rapidly embracing artificial intelligence to spur product design and development. But they’ll need to avoid giving AI credit as an inventor when patenting their innovations....more

A&O Shearman

The UPC’s Approach To Inventive Step

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The UPC Court of Appeal has now provided clear guidance on how the UPC should determine whether a patent involves an inventive step. This endorses the “holistic” approach, establishing what the invention contributes to the...more

Foley Hoag LLP

Guidance on Rule 132 Declarations for Patent Eligibility

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Key Takeaways - Easier path to eligibility: The USPTO’s new guidance explains how to use sworn statements (SMEDs) to provide facts showing an invention is eligible for a patent....more

Alston & Bird

USPTO Clarifies Role of Declarations in Overcoming Subject Matter Eligibility Rejections

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The United States Patent and Trademark Office (USPTO) has issued new guidance encouraging applicants to use subject matter eligibility declarations (SMEDs), highlighting their potential influence at all stages of the...more

Dinsmore & Shohl LLP

Revised Guidance for AI-Assisted Inventions (Implements Executive Order 14179)

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In November 2025, a United States Patent and Trademark Office (USPTO) Alert was issued regarding revised inventorship guidance for AI-assisted inventions. In the notice, the USPTO pointed out that the office...more

Kilpatrick

USPTO Issues Revised Inventorship Guidance, Eliminating Separate Standard for AI-Assisted Inventions

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On November 28, 2025, the United States Patent and Trademark Office (USPTO) issued Revised Inventorship Guidance for AI-Assisted Inventions, which rescinds its earlier guidance from February 2024. This new guidance represents...more

Carlton Fields

USPTO’s AI Inventorship Guidance Charts New Path Forward for AI-Assisted Inventions

Carlton Fields on

Shortly before President Trump issued Executive Order 14363, titled “Launching the Genesis Mission,” a “national effort to unleash a new age of AI‑accelerated innovation and discovery,” the U.S. Patent and Trademark Office...more

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