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…
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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…
Pathways For Software Patent Claim Eligibility under 35 U.S.C. § 101
Patent protection for software-related inventions can be challenging due to the evolving interpretations of 35 U.S.C. § 101 and the unique nature of software as an invention category. Understanding the main pathways to patentability is critical for determining whether a…
How to Handle Design Patent Infringement Complaints on Amazon
If you sell products on Amazon, getting a complaint about design patent infringement can feel overwhelming. These claims can temporarily shut down your product listings, lower your sales, and hurt your reputation. However, understanding the complaint and knowing how to…