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)….
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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…
AI and the Future of Patents
As artificial intelligence continues to accelerate the pace of innovation, the intersection of AI and intellectual property law is quickly becoming one of the most dynamic and consequential areas of legal practice. At the forefront of this evolution are Large…
The DC Circuit’s AI Copyright Ruling and Its Impact on eCommerce Content: Thaler v. Perlmutter
Dr. Stephen Thaler, an AI researcher, sought to register a copyright for an image created by his AI system, the “Creativity Machine.” The U.S. Copyright Office rejected the application, stating that copyright requires human authorship. Thaler appealed to the U.S….
Fraud on the PTO: Understanding the Consequences and How to Avoid It
I often find myself speaking with trademark and brand owners about the importance of being honest and truthful when filing documents with the United States Patent and Trademark Office (USPTO). It may sound trivial to some, but I have this…