New USPTO Guidance on Subject Matter Eligibility Declarations: What Software Companies and Counsel Need to Know The United States Patent and Trademark Office (USPTO) issued new guidance clarifying how applicants may use Subject Matter Eligibility Declarations (SMEDs) under 37 C.F.R….
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Lessons Learned from Amazon APEX Proceedings: Key Takeaways for Patent Owners and Sellers
Amazon’s rapid expansion as a marketplace for third-party sellers has created both opportunities and challenges in the enforcement of intellectual property rights -,particularly patent rights. To address the growing number of utility patent disputes, Amazon developed the Amazon Patent Evaluation…
SLEIGH THE COMPETITION: INTELLECTUAL PROPERTY PROTECTION FOR HOLIDAY PRODUCTS
As the holiday season approaches, consumers and collectors alike often seek out distinctive ornaments and festive décor – drawn to items that are visually striking, play music, light up, or offer a unique twist on tradition. Whether you’re designing a…
CLIENT ALERT – USPTO Issues Clarifying Guidance on Patent Eligibility for AI and Software-Related Inventions – Suggests Patenting AI Inventions May Become Easier
The United States Patent and Trademark Office (USPTO) has issued a memorandum reinforcing its current framework for assessing subject matter eligibility under 35 U.S.C. § 101, with specific attention to software-related technologies, including Artificial Intelligence (AI) and Machine Learning (ML)….
Summary of the Appeals Review Panel Decision in Ex Parte Desjardins (September 26, 2025)
Summary of the Appeals Review Panel Decision in Ex Parte Desjardins (September 26, 2025) In late September 20225, in Ex Parte Desjardins, the Director of the United States Patent and Trademark Office (USPTO), John Squires, convened an Appeals Review Panel…
A Tax on Innovation? The Trump–Lutnick Proposal and Its Implications for Patent Holders
In a surprising policy shift aimed at deficit reduction, the Trump Administration is reportedly considering a significant structural change to the United States patent system: replacing, or more likely supplementing, the current maintenance fee schedule with a value-based annual tax…
Made in USA Claims: Why Using the Right Terms Matters Under FTC Rules
For companies advertising products as “Made in USA,” using the correct terminology is not merely a matter of patriotism. It is a matter of law and essential for avoiding legal consequences. The Federal Trade Commission (FTC) enforces strict guidelines to…
Meta Wins Legal Battle in Generative AI War: Fair Use Analysis in Kadrey v. Meta Platforms, Inc.
Meta scored a major victory in its war over if its use of copyrighted materials to train its generative AI model is fair use. In its June 2025 ruling in Kadrey v. Meta Platforms, Inc., the U.S. District Court for…
Leveraging Continuation Type Patent Applications to Strengthen Patent Portfolios
Many business owners use continuation-type applications to strengthen their patent portfolios and broaden their scope of patent protection. In the lifecycle of a U.S. patent application, strategic decisions about how and when to pursue related filings can make a significant…
Why You Must Secure IP Transfer Agreements from Independent Contractors Developing Software
When engaging independent contractors for software development, it is imperative to secure a clear, written intellectual property (IP) transfer agreement. Failing to do so may leave your business in a precarious position – financially exposed and legally constrained – despite…