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Using AI to Develop an Invention? Keep These Points in Mind
Generative AI systems are increasingly accessible to companies of all sizes. Presently, the U.S. Patent and Trademark Office’s (USPTO) guidance notes that AI systems “remain tools [like laboratory equipment, software, databases that are] used by the human inventor who conceived the claimed invention.”[1] When using generative AI in…
Abandoned Patent or Patent Application? New USPTO Rules Make Revival Harder After One Year
On August 13, 2026, the USPTO tightened the rules for reviving abandoned patent applications and related petitions based on unintentional delay. Applicants must act within a year to avoid increased fees and strict evidentiary requirements.
By way of background, a patent application can go abandoned when a required response period…
How the Supreme Court Is Reshaping Threshold Questions in IP Litigation
Through its recent decision in Cox and its forthcoming decision in RiseandShine, the United States Supreme Court is shaping how and when threshold issues in intellectual property cases are decided. In Cox Communications, the Court raised the bar for holding service providers responsible for their users’ copyright infringements. In RiseandShine,…
Rule 132 Declarations: Benefits and Risks of Submitting Additional Evidence to the USPTO During Patent Prosecution
By Victoria Rieman and Marygrace Fagan
Rule 132 Declarations are an additional tool that allows applicants to submit factual evidence in response to a rejection or objection raised in a USPTO Office Action. A Rule 132 Declaration provides a mechanism for presenting evidence and secondary considerations not otherwise provided through…
Search Early, Search Well, and Keep the Receipts: How Patent Search Strategy Can Shape Litigation
Patent searches are a versatile tool that can be used as a preventative measure to avoid costly litigation and as a weapon to invalidate an allegedly infringed patent. As emphasized by a recent Federal Circuit decision, however, patent searches in the context of litigation are often only as valuable as…
Swift Action: How Celebrities Are Using Trademark Law to Protect Their Identity in the Age of Deepfakes
In January, we covered Matthew McConaughey’s strategy of registering his iconic catchphrase, “Alright, alright, alright,” as a sound mark to fight AI misuse. That strategy just got a major sequel. On April 24, 2026, Taylor Swift’s company filed three trademark applications with the USPTO:…
The Overlooked Power of Design Patents
When most people think of patent protection, they think of utility patents, which protect how an invention functions. However, design patents, which protect the ornamental appearance of an article of manufacture, offer a powerful and often underappreciated complement to any intellectual property portfolio. One of the most compelling reasons to…
Before You Share Your Invention: What Public Disclosures Count as Prior Art Under U.S. Patent Law
Whether you’re a company preparing to launch a new technology or you’re a solo inventor who has just created the next breakthrough product that will sell widely for millions of dollars, the temptation to share the news is strong. Inventors and companies may want to present the invention at a…
Stopping Counterfeits at the Border: How IP Recordation with Customs Strengthens Brand Protection
Many business owners understand the importance of protecting their intellectual property through trademarks and copyrights. These registrations represent real investments of time, money, and strategic planning. Once those rights are secured, they can be leveraged to actively prevent infringement. When infringing products originate overseas, one of the most effective enforcement…
Alright, Alright, Alright™: Sound Marks, Celebrities, and the Fight Against AI Misuse
It’s not often that Hollywood actors make news for intellectual property reasons. Recently, Matthew McConaughey made headlines after successfully registering a trademark. While traditional trademarks typically consist of words or images, nontraditional marks—such as color, sound, motion, scent, and tactile marks—are also protectable.
In McConaughey’s case, he successfully registered a…