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….
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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,…
Strategies for Obtaining Stronger Software Patents in Less Time
Software companies invest significant resources—time, energy, and finances—into research and development for innovative technologies that drive advancements across industries. However, without the protection that patents provide, these companies may find it challenging to bring their products to market and safeguard…
Understanding the Amazon APEX ID: A Powerful Tool for Utility Patent Protection for Amazon Sellers
Obtaining an Amazon APEX ID is a very effective tool to help utility patent owners enforce their utility patent rights on the Amazon platform. This article explains what an Amazon APEX ID is, why it is a valuable tool and…