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…
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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…
Overcoming Trademark Refusals Based on Surnames: Strategies and Legal Considerations
One common ground for refusal by the United States Patent and Trademark Office (USPTO) is that a proposed mark is primarily merely a surname under Section 2(e)(4) of the Lanham Act. In other words, incorporating a surname into a brand…
DeepSeek’s U.S. Trademark Battle: A Lesson in Brand Protection
DeepSeek, a Chinese AI company, has recently been in the news for many reasons. Now, DeepSeek is facing a trademark challenge in the U.S., highlighting a crucial lesson for businesses – securing intellectual property rights early is key to protecting…
The Importance and Benefits of Applicant-Initiated Interviews During the Patent Application Process
Navigating the patent application process can be a complex and time-consuming endeavor. One crucial yet underutilized tool that applicants have at their disposal is the applicant-initiated interview with a patent examiner. Understanding the importance and benefits of these interviews can…
LEVERAGING THE VALUE OF PROVISIONAL PATENT APPLICATIONS WHEN UTILITY PATENT PROTECTION IS UNCERTAIN
In many cases, even if an invention has a low probability of obtaining a utility patent based on the results of a patent search, the business or inventor wants to develop the concept further. In those cases, a provisional patent…
The Do’s and Don’ts of Reverse Engineering: Guidelines for Ethical Competition and Reducing Legal Risk
Reverse engineering is a viable method to discover and exploit trade secrets embedded in the public domain or created independently.[1] However, there are several guidelines one must follow to avoid or reduce legal risk. This article discusses those guidelines. Conducting…
Strategies for Obtaining Mechanical Patents in Less Time
Obtaining mechanical patents efficiently is crucial for businesses and inventors seeking to protect their innovations while maintaining a competitive edge in the market. Mechanical patents, which cover inventions involving moving parts such as fasteners, locking mechanisms, and other mechanical systems,…