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Intellectual Property Protection Patent Applications

Bennett Jones LLP

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe’s Pragmatic IP Approach to Agri-Tech Innovation

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Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property (IP) incentives has been a bit different. The...more

Womble Bond Dickinson

Gotta Catch ’Em All...In Court?: Nintendo Bolsters U.S. Patent Portfolio In Wake of Japanese Lawsuit Against Pocketpair

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If you are a game developer, IP attorney, or interested in video game law, consider the ongoing patent battle involving the popular games Pokémon and Palworld. (Yes, gameplay mechanics have long been patented.) In 2024,...more

Foster Swift Collins & Smith

IP Monday: Provisional vs. Non-Provisional Patents — When to File What

In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can...more

Foley & Lardner LLP

Federal Circuit Skeptical of Prosecution Laches

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In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an “unreasonable delay” in patent prosecution. Does the court’s reasoning foreclose the...more

Bennett Jones LLP

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada’s IP System May Be the Climate Innovation Sleeper Hit

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Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these...more

White & Case LLP

The Federal Circuit clarifies AIA derivation standards: Independent conception is key

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In its first precedential review of an AIA derivation proceeding, the Federal Circuit held that to prove derivation, a petitioner has the burden of showing that the petitioner conceived the claimed subject matter and...more

Wolf, Greenfield & Sacks, P.C.

Is Your IP Pacing Your Innovation?

As your company grows, expands, and develops new technology, it is critical to evaluate your intellectual property strategy. What may have worked during the early stages or for your initial technology may need to change. For...more

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

Baker Botts L.L.P.

International Patent Filing Considerations for Startups

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For U.S. startups developing innovative technology, the decision of where and how to file international patents requires a careful balance of strategic considerations versus costs. After filing your initial U.S. application,...more

Loeb & Loeb LLP

White House Executive Order Disbands Patent Examiners’ Union

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On Thursday, August 28, 2025, the President of the United States issued an Executive Order which effectively disbanded the union representing patent examiners (POPA). As a justification, the Order stated patent examiners are...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Announces New Assignment Search Portal

On August 27, 2025, the U.S. Patent and Trademark Office quietly announced that it would be deprecating its current Patent Assignment Search and Assignments on the Web assignment search portals and replacing them with a new...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

Haug Partners LLP

Swiss Court Signals More Lenient Approach to AI Inventions

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On June 26, 2025, the Swiss Federal Administrative Court (“Court”) issued its decision in case B-2532/2024, resolving a high-profile dispute over whether an artificial intelligence (“AI”) system can be named as an inventor...more

Fish & Richardson

From Inspiration to Blockbuster: A MedTech Q&A

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The medical technology (“medtech”) innovation process is marked by several key stages. The journey typically begins with ideation, the phase at which inspiration strikes and ideas are generated. From there, the process moves...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Who Owns AI Innovation? IP in the Age of Artificial Intelligence

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On this episode of Trending Now – An IP Podcast, Janet Cho and former summer associate Evan Klick* explore the evolving intersection of artificial intelligence (AI) and intellectual property (IP) law in the life sciences...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The USPTO Publishes Reminders to Examiners on Evaluating Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) issued a memorandum on August 4, 2025, to provide reminders to Examiners in software-related arts, including artificial intelligence (AI) and machine learning, regarding...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

McDonnell Boehnen Hulbert & Berghoff LLP

In re BAC IP B.V. (Fed. Cir. 2025)

A patent applicant dissatisfied by an patent examiner's rejection of that applicant's claims in ex parte prosecution has recourse by appeal to the Patent Trial and Appeal Board (PTAB) under 35 U.S.C. § 134, and to the Federal...more

Kilpatrick

3 Key Takeaways | Part Two: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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Kilpatrick’s Charles Gray, who focuses his practice on patent counseling and prosecution of both U.S. and international patent applications, recently joined other firm thought leaders to discuss “From Copyright to Patents:...more

MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

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The USPTO has issued an internal memorandum that may make it easier to patent software, in particular AI-related software inventions. In recent years, the USPTO has found certain software inventions to be patent-ineligible...more

Loeb & Loeb LLP

AI and Patents: Practical Takeaways from Our Recent AI Roundtables

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As artificial intelligence (AI) becomes increasingly embedded in product development and business operations, in-house legal teams are facing new and nuanced challenges at the intersection of intellectual property law and AI....more

Baker Botts L.L.P.

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

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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

Goodwin

What European Medtechs Should Know About the US Patent System

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As noted in the first article in our Medtech Coming to America series, “US Emerging as Top Global Medtech Destination,” perceived regulatory advantages are prompting European medtechs to enter the US market earlier in their...more

Vorys, Sater, Seymour and Pease LLP

From Seed to Strategy: Intellectual Property Protection for Cannabis Brands

The cannabis industry has experienced consistent growth over recent years, leading to substantial investment and an increase in the industry’s commercial relevance. This momentum shows no signs of slowing down, as states...more

Irwin IP LLP

Arguments in Prosecution History Limit Design Patents Too 

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The USPTO must reject a patent application if the applicant’s claim covers what the prior art already disclosed, and patent applicants may respond to such rejections with arguments that what they claimed was different. ...more

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