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
The semiconductor industry powers the modern world, from smartphones and electric vehicles to AI data centers and quantum computing. As competition in this high-stakes field intensifies, protecting innovation through patents...more
In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can...more
As your company grows, expands, and develops new technology, it is critical to evaluate your intellectual property strategy. What may have worked during the early stages or for your initial technology may need to change. For...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
In January 2025, the United States Patent and Trademark Office (USPTO) implemented a broad set of fee increases and structural adjustments intended to address rising operational costs and encourage more efficient patent...more
Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in...more
Earlier this year, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent...more
Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been...more
It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more
The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more
Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more
Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means…....more
The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Congress is using...more
Speeding up patent prosecution and quickly obtaining an issued patent is generally a good thing. The earlier a patent is issued, the earlier it can protect a product and be enforced against third party infringers. And...more
The International Association for the Protection of Intellectual Property (AIPPI) Patent Cooperation Treaty (PCT) Working Group held its 14th session from June 14 to 17, 2021. Patent attorney Mary Drabnis (Baton Rouge)...more
Continuing hostilities by the Russian Federation in Ukraine have garnered a number of responses from countries around the world. These include responses from patent offices, including the United States Patent and Trademark...more
On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in...more
It is not often that one's vote counts, especially in geopolitics. So it struck me, in researching for another article, that filing a patent application in Ukraine could make a difference. Per the latest World...more
Just about anywhere in the world is where one may claim a patent with an international PCT patent application. There are, after all, 154 countries bound by the Patent Cooperation Treaty (PCT). But almost no one, except...more
The U.S. is unique in that a Patent Cooperation Treaty, or PCT, application can enter national phase examination via two distinct routes: as a national phase application under Title 35 of the U.S. Code, Section 371, or as a...more
The Leahy-Smith “America Invents Act” (hereinafter, “AIA”) was signed into law ten years ago, on September 16, 2011. We have learned extensively from the enactment and this article is part of a series of lessons learned. ...more
Kilpatrick Townsend partner Karam J. Saab, in cooperation with GreyB, offers his key takeaways for “Taking Advantage of Bypass Continuations based on Recent USPTO Practice Trends for US National Phase Entry.” ...more
Patent protection outside the U.S. can be important for a company to enter the global market and to build relationships with partners and investors both domestically and internationally. In general, there are two options to...more
Patent prosecution—everything that takes places after a patent application is filed until it issues—can be a complex and lengthy process. A majority of time and attention is usually spent on getting a patent application...more