News & Analysis as of

Intellectual Property Protection Disclosure Requirements

Barnea Jaffa Lande & Co.

Expanded Company Extract Now Available at No Additional Cost

The Israeli Corporations Authority in the Ministry of Justice recently announced a significant expansion of its company extract service. This development marks an important change in the corporate landscape, substantially...more

Hogan Lovells

FDA releasing Complete Response Letters for drugs and biologics that have not yet been approved

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The U.S. Food and Drug Administration (FDA) is now releasing complete response letters (CRLs) for BLA and NDA products not yet approved – including CRLs associated with pending or withdrawn applications. ...more

Haynsworth Sinkler Boyd, P.A.

What to Look for this College Football Season: NIL Transparency and Athlete IP Rights

As college football season begins, the spotlight is not just on the games, but now it is also on the changing business landscape of college sports. As discussed in our previous blog, the House v. NCAA settlement that was...more

Fish & Richardson

Standard Essential Patent FAQs

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What are standards?   Standards are technological guidelines that enable various systems and/or components to work together using a common language....more

K&L Gates LLP

Let’s Make it a Date–Best Method and the Filing Date of the Earliest Complete Application

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In the recent decision of NOCO Company v. Brown and Watson International Pty Ltd [2025] FCA 887, Moshinsky J has provided welcomed clarity around the relevant date by which the best method known to the applicant is to be...more

Wilson Sonsini Goodrich & Rosati

Department of Commerce Initiates Bayh-Dole Compliance Review and Asserts March-In Proceeding Targeting Harvard University Patents

On August 8, 2025, the U.S. Department of Commerce notified Harvard University (Harvard) that it has initiated a comprehensive review of Harvard’s federally funded research programs to assure compliance with the Bayh-Dole...more

Baker Botts L.L.P.

The Provisional Patent Trap—Why Cutting Corners Can Place Startup IP Rights at Risk

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For startups sensitive to cash burn rate, provisional patent applications often seem like the perfect solution—lower filing fees, simplified requirements, and a full year to file the "real" application. However, this...more

Quarles & Brady LLP

March-In Rights Revisited: A New Era of Enforcement?

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On August 8, 2025, the U.S. Department of Commerce sent a letter to Harvard University—also shared publicly on the social media platform X—alleging that the university failed to comply with several provisions of the Bayh-Dole...more

Baker Botts L.L.P.

Patent Protection vs. Trade Secrets: A Strategic Framework for High-Tech Startups

Baker Botts L.L.P. on

When developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering....more

Perkins Coie

Delayed EU Code of Practice Provides Compliance Framework for General-Purpose AI Models

Perkins Coie on

Key Takeaways - - The European Commission published its Code of Practice for General-Purpose AI (GPAI) Models on July 10, 2025, following three draft versions and just weeks before the first AI Act obligations take effect....more

Troutman Pepper Locke

CSC Publishes New Guidance for NIL Deal Review

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On July 10, the College Sports Commission (CSC) published guidance on its website setting out additional information concerning the criteria for evaluating student-athlete NIL deals....more

Skadden, Arps, Slate, Meagher & Flom LLP

SkadBytes Podcast | Tech’s Shifting Landscape: Five Trends Shaping the Conversation

Introducing “SkadBytes,” our newest podcast where Skadden’s IP and Tech team discusses pivotal changes driving tech regulation and innovation. Host Deborah Kirk and colleagues Alistair Ho and Jonathan Stephenson reflect on...more

Mintz - Intellectual Property Viewpoints

Is Your Enantiomer Possessed? Patenting of Enantiomers – Does Written Description Require More Than Actual Possession?

It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are...more

Offit Kurman

When to Patent: Common Mistakes Business Leaders Make

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Suppose a newly hired engineer on your team sketches a promising new concept for a health monitor in a notebook. Excited by the idea, you loop in marketing, and soon, your company is promoting the product’s features through...more

Volpe Koenig

When an IDS Comes Back to Haunt You: Lessons from iRhythm v. Welch Allyn

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Patent attorneys are well-versed in the function of the Information Disclosure Statement (IDS) during prosecution. We understand that listing prior art in an IDS satisfies the duty of candor, helps insulate patents from...more

Maynard Nexsen

A Guide for Successful Patent Disclosures from Start-Ups to Large Companies

Maynard Nexsen on

The quality of a patent begins to take shape at the time of disclosure. An inadequate disclosure can greatly affect the quality of the patent. The level of sophistication of a client typically dictates the quality of patent...more

Jones Day

Institution Denied for Insufficient Publication Evidence

Jones Day on

On October 29, 2024, BabyBjörn AB (“BabyBjörn”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,786,055 (“the ’055 Patent”), which is assigned to The ERGO Baby Carrier, Inc. (“ERGO Baby”). ...more

BakerHostetler

US Patents Set to Issue 33 Percent Faster from the Notification Date

BakerHostetler on

Starting May 13, the U.S. Patent and Trademark Office (USPTO) will accelerate the time between issue notification and the issue date of a patent. That is, the time frame will be cut from about three weeks to two weeks –...more

Rothwell, Figg, Ernst & Manbeck, P.C.

3 Tips for Avoiding Having to File a Budapest Treaty Declaration When Prosecuting Patent Applications on Biological Materials

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is an international agreement to establish a uniform system for depositing microorganisms and other...more

Jones Day

Provisionals’ Disclosures Must Fully Support an Issued Claim for Pre-AIA Priority

Jones Day on

The PTAB recently provided a pre-AIA priority analysis for reference patents in Roku, Inc. v. Anonymous Media Research Holdings, LLC, No. IPR2024-01057, Paper 10 (P.T.A.B. Feb. 10, 2025). This decision highlights the...more

Amundsen Davis LLC

Preserving Patent Rights: Impact of Public Use on Patenting

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For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and...more

Hogan Lovells

Domain Name News: February 2025

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This is the February 2025 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry...more

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

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The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

Ropes & Gray LLP

AI-Washing Enforcement in the Final Days of the Gensler Administration

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As former Securities and Exchange Commission (“SEC”) Chair Gary Gensler’s term came to a close following his resignation announcement in November 2024, the SEC issued another order targeting what has proved to be one of...more

Baker Botts L.L.P.

AI Legal Watch - January 2025

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Glass Lewis, one of the leading proxy advisory firms, recently updated its policy guidelines for 2025 to include recommendations regarding board oversight of AI. In the new guidelines, Glass Lewis emphasizes the importance of...more

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