Can a Common Law Trademark Owner Defend Against a Federally Registered Trademark?

How prior common-law trademark users may defend against a federal registrant under Section 33(b)(5), including the geographic limits of prior-use rights.

Patent Prosecution Tip: Challenging § 103 Obviousness Rejections Based on Markush Groups

A PTAB decision shows how carefully testing an Examiner’s characterization of prior art can expose weaknesses in a § 103 obviousness rejection.

What an Ice Cream Packaging Case Teaches About Proving Trade Dress Infringement

What the Van Leeuwen v. Rebel Creamery decision teaches about defining trade dress, proving marketplace confusion, preserving design evidence, and documenting damages.

Federal Circuit Decision Highlights the Importance of Claiming “How” Technology Achieves a Result

What Ceiva Opco v. Amazon teaches software patent applicants about claiming how a technological result is achieved, not merely the desired result.

Apple’s Trade Secret Lawsuit Against OpenAI: A Reminder That Intellectual Property Is More Than Patents

Why Apple’s trade-secret allegations against OpenAI highlight the need to combine patents with strong confidentiality controls and broader IP strategy.

The USPTO's Recent § 101 Guidance: Good News for Software Patent Applicants

Recent USPTO § 101 guidance gives software and AI patent applicants stronger support for technological-improvement arguments and evidence-based examination.

The Havana Club Trademark Case: What It Means For Brands Born From Nationalization, Political Change, and Corporate Successorship

What the long-running Havana Club dispute teaches businesses about chain of title, political upheaval, territorial rights, and trademark due diligence.

FIFA's Enforcement of FIFA World Cup Trademarks: What Businesses Need to Know

What businesses should know about FIFA World Cup trademarks, ambush marketing, enforcement tools, and reducing risk in tournament-related advertising.

TTAB Issues Important Precedential Decision on Trademark "Use in Commerce": A Warning for Brand Owners

Why the TTAB’s Everwise Credit Union decision reinforces that token use and limited pre-launch references may not satisfy federal trademark use-in-commerce requirements.

Proposed Federal AI Legislation Could Reshape Artificial Intelligence Development and Intellectual Property Protection in The United States

How proposed federal AI legislation could preempt state regulation, reshape compliance, and influence intellectual property strategy for technology companies.

Deepfakes in The Music Industry: How Artists Can Protect Their Intellectual Property and Fight Unauthorized AI Replications

How musicians and rights holders can use copyright, trademark, publicity rights, contracts, and monitoring to combat unauthorized AI replications.

Missed the 12-Month Patent Deadline? Why PCT Planning Matters

Why PCT priority restoration can vary by jurisdiction and why international filing strategy matters before the 12-month deadline is missed.

Patagonia v. Pattie Gonia: What The Dispute Teaches About Trademark

Why informal coexistence is risky and how written agreements can protect trademark owners, performers, influencers, and growing personal brands.

Protecting Simple Designs Through Copyright and Design Patent Law

How copyright and design patent law can work together to protect minimalist products, packaging, patterns, and other simple visual designs.

When a Patent Attorney Says “Do Not Get a Patent”

When patent protection may create more cost, disclosure, or distraction than strategic value—and what businesses should evaluate instead.

Part 2: Understanding the Differences Between Utility Patent Protection and Design Patent Protection

A practical comparison of utility and design patent protection, including scope, term, provisional applications, cost, difficulty, and strategic use.

What Is the Difference Between a Design Patent and a Utility Patent?

A clear explanation of how utility patents protect function while design patents protect ornamental appearance—and when both may be appropriate.

Three Critical Considerations When Responding to §102 Patent Office Actions

A structured framework for distinguishing cited prior art, evaluating targeted claim amendments, and strengthening the record when responding to anticipation rejections.

The Importance of Applicant-Initiated Interviews in Accelerating Patent Acquisition

How direct examiner interviews can reduce misunderstandings, shorten prosecution, improve claim strategy, and accelerate patent acquisition.

Federal Circuit Affirms § 101 Patent Ineligibility in Information Exchange Patent Application: Key Takeaways from In re McFadden

What In re McFadden reinforces about software patent eligibility, generic computer implementation, technological improvement, and preserving arguments on appeal.

Expansion of Artificial Intelligence

How licensed data, public-domain sources, synthetic datasets, safeguards, and transparency can support accurate AI development while reducing copyright exposure.

Cantor Fitzgerald vs. DraftKings and FanDuel

How legacy patents, corporate restructuring, and unclear ownership records can create unexpected infringement exposure for modern technology companies.

Responding to USPTO Trademark Application Suspension Notices: Strategic Considerations for Applicants

How applicants should evaluate the basis for a USPTO suspension, whether to respond voluntarily, and when examiner engagement may advance the application.

Intellectual Property Laws & AI

A practical overview of how copyright, trademark, patent, and trade-secret rights intersect with AI training and generated content.

The Hidden Risks of “Robo-Filing” Trademark Services: Why Improper Submissions Can Jeopardize Your Registration

Why high-volume trademark robo-filing services can expose applications and registrations to sanctions, reopening, cancellation, and costly remediation.

“Alice Win” Patent Lawsuit

What a Federal Circuit-backed Section 101 victory teaches patent owners about software claims, abstract ideas, and demonstrable technical improvement.

DSMER Pilot Program

How the USPTO’s Deferred Subject Matter Eligibility Response pilot may change prosecution strategy for Section 101 rejections.

New USPTO Guidance on Declarations

What software companies and patent counsel should know about using Subject Matter Eligibility Declarations to respond to §101 rejections.

Apple’s IP Strategy

How Apple combines utility patents, design patents, trademarks, and copyrights to create layered protection around its products and brand.

Significant Development in Patent Law

What the Federal Circuit’s reversal of an injunction involving Evenflo car seats means for patent owners, accused infringers, and injunction strategy.

Sleigh The Competition: Intellectual Property Protection For Holiday Products

How design patents, trade dress, utility patents, trademarks, and copyright can protect distinctive holiday products and seasonal brands.

Operation Bluebird

What Operation Bluebird’s challenge to X Corp’s Twitter trademarks teaches brand owners about abandonment, rebranding, continued use, and preserving legacy rights.

Warner Music Group’s Case Against Udio and The Future of AI-Generated Music: What It Means For Songwriters

What the Warner Music Group dispute with Udio may mean for AI training, fair use, licensing, and the economic future of songwriters.

Client Alert: USPTO Issues Clarifying Guidance on Patent Eligibility For AI and Software-Related Inventions

Key takeaways from USPTO guidance addressing §101 eligibility for artificial intelligence, machine learning, and software-related inventions.

Summary of The Appeals Review Panel Decision in Ex Parte Desjardins (September 26, 2025)

What the USPTO Appeals Review Panel’s rare intervention in Ex Parte Desjardins may signal for AI and software patent eligibility under §101.

Shein Fends Off U.S. Antitrust and Trade-Secret Claims by Temu: Implications For Fair Competition in Fast Fashion

What the dismissal of Temu’s antitrust and trade-secret claims against Shein means for cross-border e-commerce disputes and IP enforcement.

Landmark Win For Copyright Owners

What the historic Anthropic settlement signals for copyright owners, AI developers, licensing, and creator compensation.

Game Developers Embrace AI Agents—But What Does That Mean For Copyright in The Gaming Industry?

How widespread adoption of AI agents in game development is raising new questions about training data, ownership, licensing, and monetization.

A Tax on Innovation? The Trump–Lutnick Proposal and Its Implications For Patent Holders

How a proposed value-based annual patent tax could affect portfolio valuation, maintenance strategy, licensing, and innovation incentives.

Apple Faces Major RICO and Trade-Secret Lawsuit Over Apple Pay Technology

What Fintiv’s trade-secret and RICO lawsuit over Apple Pay means for technology partnerships, nondisclosure agreements, employee hiring, and intellectual-property disputes.

Made in USA Claims: Why Using The Right Terms Matters Under FTC Rules

How businesses can distinguish qualified and unqualified Made in USA claims, reduce FTC exposure, and protect brand credibility.

Appeals Court Reverses Decision in Yuga Labs Inc. v. Ripps Case: What This Means For NFT Creators and The Evolving Legal Landscape

How the appellate reversal in Yuga Labs v. Ripps may reshape the balance among trademark enforcement, artistic expression, parody, and NFT ownership.

Sonos’ Landmark Appeal Victory in Patent Dispute With Google: A Game-Changer For Small Innovators

How the Federal Circuit’s revival of Sonos’s patent and jury verdict reinforced continuation practice and the need to prove actual prejudice.

Meta Wins Legal Battle in Generative AI War: Fair Use Analysis in Kadrey v. Meta Platforms, Inc.

A factor-by-factor review of the Kadrey v. Meta fair-use ruling and what it means for authors, AI developers, and copyright strategy.

Termination of Art Project Patent Application: USPTO’s Decision and Its Impact on The Future of Patent Law

What the USPTO’s treatment of a conceptual art project teaches creators about patent eligibility and choosing the correct form of IP protection.

Meta’s Use of Famous Authors to Train Its AI: What Judge Chhabria’s Ruling Means For Copyright Law and Why Skilled Legal Representation Matters

Why the Meta ruling shows that copyright plaintiffs must connect AI training practices to market harm, substitution, and dilution.

U.S. Judge Upholds FDA’s Removal of Ozempic and Wegovy From Drug Shortage List

What the ruling means for compounding pharmacies, pharmaceutical patent enforcement, and market exclusivity for semaglutide products.

Disney and Universal Studios vs. Midjourney: What This Landmark Lawsuit Means For The Future of AI and Intellectual Property

How the studios’ lawsuit against Midjourney could reshape fair use, training-data licensing, compliance, and enforcement across creative industries.

Carroll Shelby Licensing Inc. vs. Denice Halicki: What The Eleanor Copyright Ruling Means For Car Enthusiasts and Creators

Why the Eleanor Mustang was not treated as a copyrightable character and what the ruling means for replica builders, collectors, and IP owners.

The Intellectual Property-Relevant Provisions in The “Big Beautiful Bill”: What Innovators Need to Know

A look at the bill’s proposed patent-review reforms, support for independent inventors, AI-assisted examination, and international enforcement provisions.

Understanding The Patent Office’s New Discretionary Denial Process: What It Means For Patent Owners and Challengers

How broader discretionary-denial considerations may reshape inter partes review strategy for patent owners and challengers.

Why You Must Secure IP Transfer Agreements From Independent Contractors Developing Software

Why software companies need written IP assignments from independent contractors and why implied licenses are an incomplete safeguard.

The Overlooked Link Between Intellectual Property and Estate Planning

Why copyrights, patents, trademarks, trade secrets, licenses, and royalties should be inventoried and incorporated into a comprehensive estate plan.

Understanding Restriction Requirements in Patent Prosecution: Why They Arise, How to Respond, and Strategic Considerations

How restriction requirements divide distinct inventions, preserve non-elected claims, and create strategic choices involving traverse, divisionals, continuations, and rejoinder.

How Understanding Intellectual Property Can Supercharge Innovation—Especially in The Age of AI

Why patents, trademarks, copyrights, and trade secrets are strategic business tools—and why that matters even more as AI reshapes creation and ownership.

The Loper Bright Ruling and Its Ripple Effect on U.S. Copyright Law

How the end of Chevron deference could reshape copyright administration, agency interpretation, and legal strategy for creators and businesses.

WTO Rejects EU Claims in Intellectual Property Dispute With China: What It Means For Global IP Enforcement

The WTO’s rejection of the European Union’s claims against China illustrates the growing complexity of enforcing patents and other intellectual-property rights across borders.

AI and The Future of Patents

How large language models may reshape patent drafting while raising questions about inventorship, reliability, ethics, and human oversight.

The DC Circuit’s AI Copyright Ruling and Its Impact on ECommerce Content: Thaler v. Perlmutter

What the D.C. Circuit’s human-authorship ruling means for AI-generated content, copyright ownership, and eCommerce brands.

Analyzing The U.S. Copyright Office’s 2025 Report on AI and Copyrightability: What It Means For AI Usage and Legal Protection

What the Copyright Office’s human-authorship guidance means for creators and businesses using generative AI.

The Role of Intellectual Property Rights in Promoting Innovation and The Current State of U.S. IP Policy

How patents, trademarks, copyrights, and evolving U.S. policy promote innovation, investment, business growth, and creative progress.

What Is Considered a Domestic Industry Under The Tariff Act?

How the Federal Circuit’s Lashify decision broadened the domestic-industry requirement under Section 337 for companies that manufacture abroad but invest substantially in U.S. operations.

Patent Disputes in Genetic Material and Biotechnology: Balancing Innovation, Ethics, and Access to Medical Treatments

How biotechnology patent law balances incentives for genetic research with ethical concerns and access to medical treatment.

A Comparison of Requirements in Brazil, The United States and Europe For Patents For AI Inventions

How Brazil, the United States, and Europe approach patent eligibility for artificial-intelligence inventions.

The Importance and Benefits of Applicant-Initiated Interviews During The Patent Application Process

How applicant-initiated examiner interviews can clarify rejections, reduce prosecution delays, improve claim strategy, and strengthen patent applications.

Intellectual Property Theft and Commercial Fraud: Why It Matters and Its Economic Impact

Intellectual-property theft and commercial fraud can erode revenue, consumer trust, jobs, innovation, and the long-term value of a company’s brands and inventions.

Leveraging The Value of Provisional Patent Applications When Utility Patent Protection Is Uncertain

How a provisional patent application can preserve an early filing date, support product development, test commercial viability, and manage patent costs.

Copyright Office Releases Part 2: Artificial Intelligence Report

The Copyright Office confirms that meaningful human creativity remains essential to copyright protection for AI-assisted works.

Strategies For Obtaining Mechanical Patents in Less Time

Practical strategies for accelerating mechanical patent prosecution through prior-art searching, clear drafting, expedited examination, and examiner communication.

USPTO AI Strategy

How the USPTO’s artificial-intelligence strategy may influence examination, policy development, workforce expertise, and responsible AI adoption.

Strategies For Obtaining Stronger Software Patents in Less Time

Five practical strategies software companies can use to accelerate patent prosecution and strengthen domestic and international patent portfolios.

The Amazon Apex Program: Unlocking Exclusive Benefits For Amazon Sellers

How Amazon sellers can use the Apex Program’s resources while strengthening trademark, brand-enforcement, and marketplace compliance strategies.

The USPTO First-Time Filer Expedited Examination Pilot Program: A Game-Changer For First-Time Patent Applicants

How the USPTO’s First-Time Filer Expedited Examination Pilot Program can reduce delays for qualifying first-time patent applicants.

Trademark Search

Why businesses should conduct a professional trademark search before investing in a brand or filing an application with the USPTO.

Surveillance Capitalism: Current Events Use Cases & The Legal Dilemma

A legal article examining surveillance capitalism, user data collection, targeted advertising, social media manipulation, and the privacy-law dilemma facing modern technology companies.

Ten Facts About Patents

Ten memorable patent facts illustrating how patents, trade secrets, public disclosure, licensing, and enforcement have shaped products and inventions.

PTAB Reverses a 35 U.S.C. §102 Rejection Today: This Is Why They Did It

Three recurring flaws that can defeat an anticipation rejection: concepts instead of limitations, missing element-by-element analysis, and differently arranged elements.

The Importance of Evidence in Office Action Responses

Why objective evidence can be more persuasive than unsupported attorney argument when responding to a Section 103 obviousness rejection.

Can Filing a Patent Infringement Suit Hurt You in a Re-Exam?

What the Smucker v. Mack-Ray reexamination decision teaches about infringement pleadings, claim construction, admissions, and weak arguments before the Patent Office.

are Terms of “Degree” Indefinite Claim Language Under 35 U.S.C. 112?

How patent applicants can use subjective terms such as “readily” or “easily” without making their claims indefinite.

Federal Circuit: You are Not a Person of Ordinary Skill in The Art

A Federal Circuit decision explains why general experience in a related field may not qualify an expert as a person of ordinary skill in the specific art at issue.

Undue Experimentation Rejection Reversed in Biotech Patent Appeal

Why the Board reversed an enablement rejection involving a biotechnology method for targeting malignant melanoma cells.

BPAI Reverses Patent Examiner For Hindsight Reconstruction

The Board reversed an obviousness rejection where the examiner’s combination of unrelated references depended on hindsight rather than a supported reason to combine them.

Novel Arguments That Don’t Work Against a 103 Rejection

Why market-force and long-felt-need arguments cannot replace a direct response to the elements of an obviousness rejection.

When Does The Patent Practitioner Carry The Burden of Proof?

When an examiner’s inherency finding shifts the burden to the patent applicant—and why attorney argument alone may not be enough.

Responding to a 35 U.S.C. 103 Obviousness Rejection Like Ric Flair

Why overcoming a strong obviousness rejection usually requires objective evidence—not attorney argument alone.

Patent Reform: Will It Protect Your Inventions?

A discussion of patent-reform proposals, patent trolls, software patents, examination quality, and the need to protect the integrity and enforceability of issued patents.

How to Lose Your “Ordinary Dictionary Meaning” Argument at The Board of Patent Appeals

Why an ordinary-dictionary-meaning argument can fail when the patent specification supports a broader construction of the disputed claim term.

How to Reverse a 103 Obviousness Rejection in a Design Patent Case

How differences in shape and ornamental appearance can defeat an obviousness rejection in a design-patent application.

Board of Patent Appeals Rules on “Intended Use” Argument in 102 Rejection

Why describing what an old structure is intended to do may not distinguish it from prior art under 35 U.S.C. §102.

What Is Secondary Meaning?

How descriptive marks can acquire enforceable trademark significance through consumer recognition and sustained marketplace use.

Can a Product Infringe a Method of Manufacture Patent?

How products made through a patented process can create infringement liability under federal patent law and at the International Trade Commission.

What Is a 102 Rejection?

What a Section 102 anticipation rejection means and the principal strategies available when responding to the USPTO.

Naked Licensing: No Fun For Trademark Owners

Why trademark owners must maintain meaningful quality control over licensees to avoid abandonment through naked licensing.

Trade Secrets vs. Patents

How businesses can weigh disclosure, duration, reverse-engineering risk, enforceability, and cost when choosing between patent and trade-secret protection.

Standard For Determining Design Patent Infringement

How the ordinary-observer test evaluates design patent infringement in view of the prior art.

Already-Existing Characteristic in Prior Art Composition Is Obvious Under 35 U.S.C. 103

Why discovering a previously unrecognized property of a known composition may not make that composition patentable.

What Is The Burden of Proof When Practicing Before The Board of Patent Appeals?

The Board applies a preponderance-of-the-evidence standard when reviewing whether an examiner’s rejection should stand.

Common Patent Prosecution Mishap: Failing to Address a 35 U.S.C. 112 Rejection

A response that argues around the examiner’s actual enablement concern will not establish reversible error.

Can I Challenge My Competitor’s Patent?

An overview of the principal USPTO and PTAB procedures available to challenge pending patent applications and issued patents.

Can I Still Manufacture a Product If My Competitor Has a Patent?

The three core questions businesses should examine before commercializing a product that may overlap with a competitor’s patent.

Answers to Frequently Asked Questions About Design Patents

Practical answers about design-patent timing, scope, drawings, copyright overlap, provisional applications, and graphical user interfaces.

Recent Case on Obviousness: Cutsforth, Inc. v. MotivePower, Inc.

How the Federal Circuit’s Cutsforth decision reinforced the need for reasoned explanations when patent claims are rejected as obvious.

The Limits of Common-Law Trademark Rights on The Internet

How geography, market penetration, continuous use, and federal registration shape common-law trademark rights for internet businesses.

The Value of Patents in The World of IT

How patent portfolios can protect technology companies, strengthen valuations, and provide leverage before and after major transactions.

International Patent Strategies

Key considerations for deciding where to seek foreign patent protection and whether a PCT application fits the business strategy.

Steps to Take to Develop an Invention

Six practical steps inventors can use to move an idea from initial concept toward protection, testing, and commercialization.

Should I Patent My Invention?

Business and legal questions inventors should evaluate before deciding whether patent protection is worth the investment.

Examples of Patent-Eligible Claims For Software Inventions

What USPTO examples reveal about drafting software claims that recite technological improvements and meaningful limitations.

Concepts to Consider When Creating a Trademark

Six practical principles for creating a distinctive trademark that is easier to register, protect, and enforce.

USPTO Commissioner Bob Stoll and Me

Programs aimed at faster first actions, shorter total pendency, and earlier examiner interviews promised a more efficient patent process.

What’s in a Reexam — Two-Part Series: Part Two

Part two compares ex parte reexamination, post-grant review, and inter partes review as tools for testing issued patent claims.

Board of Patent Appeals Issues Key Claim Construction Decision

The Board applies the broadest reasonable interpretation and will not import unclaimed limitations from the specification.

Eight Patent Law Concepts Every Business or Inventor Should Know

Eight foundational patent-law principles that can affect whether an invention remains protectable and commercially useful.

What Is an Intellectual Property Audit and How Will It Help My Business?

How a systematic review of intellectual-property assets can uncover value, identify risk, and support business strategy.

How to Select a Good Trademark

Seven guidelines for choosing a memorable, distinctive trademark that is more likely to qualify for registration and enforcement.

Reciting Ranges in Chemical Patent Applications and The 112 Rejection

A specification’s broader numerical range may support a narrower claimed range, depending on the facts and disclosure.

What Is a Domain Dispute and The UDRP?

An introduction to domain-name disputes and the UDRP process for challenging abusive registrations tied to trademark rights.

are Apps Patentable?

How utility patents, design patents, copyrights, and trade secrets may protect mobile applications.

How Not to Use The “No Motivation” and “Teaching Away” Arguments When Responding to a 35 U.S.C. 103 Rejection

Why “no motivation to combine” and “teaching away” arguments need clear support in the prior art and objective evidence.

Why Register Trademarks?

The principal legal and commercial advantages of securing federal trademark registration.

What’s in a Reexam — Two-Part Series: Part One

Part one examines how Patent Office review proceedings affect patent owners, challengers, litigation strategy, and enforcement costs.

What Protection Does a Design Patent Provide?

How design patents protect ornamental product features and how their drawings define the scope of protection.

When are Non-Compete Agreements Enforceable and What are The Defenses Against Them?

Common defenses to enforcement of non-compete agreements under Florida law.

Non-Obviousness Arguments That Don’t Work at The Board of Patent Appeals

Why attacking prior-art references individually may fail when an Examiner’s Section 103 rejection relies on their combined teachings.

Ten Patent Law Concepts Every Attorney Should Know

Ten foundational patent-law principles that help non-patent attorneys identify timing, ownership, and infringement risks.

When and Why Is a Provisional Patent Application Useful?

The advantages, limitations, timing considerations, and disclosure requirements businesses should evaluate before filing a provisional patent application.

Is My Invention Already Patented?

Why a prior-art search can help inventors evaluate patentability, cost, filing strategy, and the probability of obtaining meaningful patent protection.

Is My Invention Patentable?

The four central requirements used to evaluate utility-patent eligibility: usefulness, patentable subject matter, novelty, and non-obviousness.

Should Patents Be Treated as Just Another Investment Vehicle?

A look at patent-investment funds, non-practicing entities, and the debate over whether patents should function like other investment assets.

How Do You Respond to a Copyright Takedown Notice?

Practical first steps for responding to a copyright takedown notice, evaluating ownership, registration, infringement, and potential damages.

Where Can You Sue a Patent Infringement Defendant?

Patent owners generally must sue where the defendant resides or where infringement occurred and the defendant maintains a regular and established place of business.

Board of Patent Appeals Reverses 103(a) Obviousness Rejection

How missing claim limitations and weak reasons for combining references led the Board to reverse an obviousness rejection.

The 35 U.S.C. 112, First-Paragraph Rejection

A claim amendment must be supported by the original disclosure, and measurements or inferences drawn only from a figure may not be enough.

Tools For Fighting a 102 Anticipation Rejection

Why a single reference must disclose claim elements in the same arrangement required by the claim.

Software Patents: How to Lose an Obviousness Argument

Arguments about what an invention was intended to do cannot replace limitations that were never placed in the patent claim.

The Problem With Using Functional Language in Patent Claims

Functional claim language can shift the dispute toward whether prior-art structure is capable of performing the same function, even if it looks different.

The High-Tech Patent Wars Continue…

What the Yahoo–Facebook patent dispute illustrated about strategic enforcement in fast-moving technology markets.

Coca-Cola Copyright Infringement Suit in Miami Concluded

How a dispute over a Spanish-language World Cup song illustrated copyright ownership, licensing, credit, and work-for-hire issues.

Quick Post: Board of Patent Appeals Chimes In on “Well-Known Prior Art”

Why an examiner’s unsupported assertion that something is “well known” may fail without concrete evidence in the record.

Quick Post: Board Finds Appellant Must Argue That Examiner Erred

An appellant can lose by attacking the conclusion while failing to challenge the examiner’s underlying factual findings.

Board of Patent Appeals Reverses Examiner’s Inherency Finding

The Board reversed an obviousness rejection because the examiner did not show that the claimed characteristic would inevitably result from the prior art.

Quick Post: Board Reverses Examiner’s Rejection in Two Sentences

A concise Board decision shows that an obviousness rejection must still account for every claimed limitation.

Board of Patent Appeals Decides Broadest Reasonable Interpretation of Term “On”

Why the broadest reasonable interpretation of an ordinary claim term still must remain reasonable in light of its common meaning and the specification.

Board of Patent Appeals Rejects Dow Chemical’s Patent Application

Why Dow Chemical’s unsupported attorney argument failed to overcome an anticipation rejection after the burden shifted to the applicant.

The Board of Patent Appeals Weighs In on Product-by-Process Claims

Why the patentability of a product-by-process claim generally turns on the product itself—not the process used to make it.

The Most Effective Way of Reversing a 103 Obviousness-Type Rejection

A Board decision illustrates why proving that the cited prior art lacks a claimed element can be the strongest path to reversing an obviousness rejection.

A Hidden Structural Limitation in Apparatus Claims

How capability language in an apparatus claim can imply a real structural limitation that must be considered during examination.

How NOT to Write a 1.132 Affidavit

Why conclusory expert opinions carry little weight unless a declaration supplies corroborating facts and evidence.

PTAB Reverses a 35 U.S.C. §102 Rejection Today: This Is Why They Did It

Three recurring defects that can justify reversal of a Section 102 anticipation rejection.

Board of Patent Appeals Decision on Optimization of Ranges

Why selecting an optimized range may be obvious unless the applicant can show criticality or unexpected results.

Enablement Rejections of The Patent Office Can Be Rebutted Using Affidavits

How a properly supported declaration can rebut a Patent Office enablement rejection under 35 U.S.C. § 112.

PTAB Reverses a 35 U.S.C. §102 Rejection Today: This Is Why They Did It

How Ex Parte Farkas illustrates the element-by-element and claimed-arrangement requirements for anticipation.

Stay Away From The Non-Analogous Art Argument

Why a non-analogous-art argument is difficult to sustain when the references share a field of endeavor or address the same problem.

U.S. Patent Office Reverses Rejection of Key Macrovision Invention

Why an anticipation rejection fails when the examiner leaves the applicant and Board to speculate about a missing claim limitation.

Board of Patent Appeals Rejects Key Sony Invention Under 35 U.S.C. § 112, First Paragraph

How an inadequate written description caused the Board to affirm the rejection of claims directed to Sony microprocessor heat-sink technology.

Datacard Corporation Patent Survives Reexamination

How teaching away in the prior art helped Datacard reverse an obviousness rejection during reexamination.

“Attorney Arguments” Not Accepted as Evidence When Evaluating a §102(e) Anticipation Patent Rejection

Why unsupported attorney argument cannot replace technical evidence when disputing what a skilled person would understand.

Amending Patent Claims After Allowance Under 37 CFR §1.312

A practical route for correcting minor, non-substantive claim errors after a notice of allowance.

Patent Office Rejects Key HP Invention on Appeal

What a BPAI decision involving Hewlett-Packard teaches software patent applicants about Section 101 eligibility and new grounds of rejection on appeal.

Photographer Sued Over Photo of Statue: Copyright Infringement?

Why photographing a copyrighted sculpture for commercial use can implicate the copyright owner’s exclusive right to prepare derivative works.

U.S. Copyright Protection For Architectural Works and Constructed Buildings

An overview of when architectural drawings, plans, models, and constructed buildings qualify for copyright protection in the United States.

Board of Patent Appeals Reverses Rejection of Key Verizon Invention

How the Board reversed an obviousness rejection of a Verizon invention after finding that the examiner had not established the claimed combination.

Federal Circuit Affirms Patent-Term Adjustment For Alzheimer’s Drug Patent

Why USPTO delay calculations can materially extend patent life, especially for high-value pharmaceutical inventions.

are Your Patent Claims Obvious? Board of Patent Appeals Issues Obviousness Decision

How predictable combinations of familiar elements can support a Section 103 obviousness rejection.

Board of Patent Appeals Reverses Examiner on Reasons For Combining

Why boilerplate reasoning and an unsupported statement about improving stability were not enough to sustain an obviousness rejection.

When Can a Patent-Related Letter Spawn a Declaratory Judgment Action?

How patent-related demand letters can create declaratory-judgment jurisdiction—and how patent owners can communicate without unintentionally inviting litigation.

Victory at U.S. Patent Office For ARM Ltd. Microprocessor Patent

How an unreasonable interpretation of a key claim term led the Board to reverse rejections of an ARM microprocessor patent application.

Understanding Patent Infringement and Patentability

Patent law does not rely on a percentage-difference test. This article explains how patent claims, prior-art searches, and design-around strategies determine whether an invention may be patentable or infringing.

Ex Parte Reexamination Core Change – Patent Owner Gets a Pre-SNQ Shot

A significant USPTO procedural change gives patent owners a narrow, time-sensitive opportunity to address whether a reexamination request raises a substantial new question of patentability.

Ex Parte Reexamination Requests: What Experienced Practitioners Watch For Before Filing

Why ex parte reexamination requests often fail at the threshold—and how disciplined SNQ framing, claim charts, evidence, and procedure improve the likelihood of institution.

Why Your Company’s Process Should Be a Trade Secret Instead of a Patent

How businesses can evaluate patent disclosure, long-term confidentiality, reverse engineering risk, and non-publication strategy when protecting proprietary processes.

Lessons Learned From Amazon APEX Proceedings: Key Takeaways For Patent Owners and Sellers

Practical lessons for patent owners and accused sellers using Amazon’s expedited utility-patent enforcement process.

Leveraging Continuation Type Patent Applications to Strengthen Patent Portfolios

How continuation-type applications can preserve strategic options, broaden claim coverage, and strengthen a developing patent portfolio.

Fraud on The PTO: Understanding The Consequences and How to Avoid It

What constitutes fraud on the USPTO, the consequences for trademark owners, and the practices that reduce risk.

Overcoming Trademark Refusals Based on Surnames: Strategies and Legal Considerations

How applicants can respond when the USPTO refuses a mark as primarily merely a surname under Section 2(e)(4).

DeepSeek’s U.S. Trademark Battle: A Lesson in Brand Protection

Why DeepSeek’s U.S. trademark dispute demonstrates the importance of early filing, nationwide rights, and proactive brand protection.

The Do’s and Don’ts of Reverse Engineering: Guidelines For Ethical Competition and Reducing Legal Risk

Legal and practical guidelines for conducting reverse engineering while reducing patent, copyright, trade-secret, DMCA, and contract risk.

Using Trade Dress Protection to Safeguard Product Packaging That Your Customers Love

How distinctive product packaging can qualify for trade dress protection and help businesses build recognition, deter copying, and enforce their brand rights.

Understanding The Amazon APEX ID: A Powerful Tool For Utility Patent Protection For Amazon Sellers

What Amazon’s APEX ID is, how utility patent owners can obtain one, and why it can become a valuable enforcement tool against infringing listings.

Pathways For Software Patent Claim Eligibility Under 35 U.S.C. § 101

Three practical pathways software patent applicants can use to address subject-matter eligibility under the Alice/Mayo framework.

Protecting Your Brand: How to Avoid Trademark Scams

How business owners can recognize fake trademark notices, avoid unnecessary payments, and protect their registrations from common scams.

How to Handle Design Patent Infringement Complaints on Amazon

Practical steps Amazon sellers can take to evaluate, respond to, and reduce the risk of design patent infringement complaints.

Navigating Amazon’s IP Enforcement Tools: Maximizing Your Intellectual Property Protection

How patent owners and Amazon sellers can use UPNE, APEX IDs, and copyright complaints as part of a coordinated enforcement strategy.

Reading a Patent Document Like a Pro: How to Quickly Understand What a Patent Covers

A practical reading order for quickly understanding the subject matter and potential scope of a utility patent document.

What Is a “Bypass” Patent Application and How Is It Useful?

How bypass applications connect PCT filings to U.S. prosecution and preserve flexibility for patent applicants.

I Received a Cease and Desist Letter—Now What?

Five response options businesses should evaluate after receiving a trademark cease-and-desist letter.

Why Copyright Artwork?

How timely copyright registration can strengthen enforcement by making statutory damages and attorneys’ fees available in qualifying infringement cases.

Freedom to Operate Opinions

How a freedom-to-operate opinion helps businesses evaluate whether a planned product, service, or activity may infringe existing intellectual-property rights.