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…
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…
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…
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…
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…
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…