As the Machine Learns- Continuing Artificial Intelligence IP and Privacy Considerations

Artificial Intelligence (AI) is everywhere these days, from personal assistants to self-driving cars. With the continuous introduction of new technology, the use of artificial intelligence in business has been growing rapidly, and in ways that people have never imagined. AI is used in many software products and services, and is also being integrated into manufacturing processes. AI frequently automates routine tasks that were previously performed by people, eliminating tedious work, making business processes more efficient, and creating new capabilities and ... Read More ›

How to Assist Clients in Selecting a Trademark

A distinctive trademark in a competitive marketplace can often be one of a company’s most valuable assets. This is because it does not only indicate the source of a good or service, but it also differentiates that good or service(s) from that of other competitors. Separate and apart from its value as a source indicator, trademarks can also be used as collateral to secure loans and can also form the basis of corporate acquisition strategies.

Like the valuable asset they are, trademark rights should and can be protected. Resultingly, common law, state law, and federal law provide a means ... Read More ›

Improving Medical Device Patents Through Better Communication between USPTO and FDA

The April 16th, 2022, New York Times editorial entitled “Save America’s Patent System” recommends that the US Patent and Trademark Office (USPTO) be improved through collaboration with other agencies such as the Food and Drug Administration (FDA). The editorial identified that “[e]xisting regulations allow medical device makers to sidestep burdensome regulatory approvals if their newer products are deemed similar to ones that already exist.”

However, the editorial board of the New York Times recognized that the lack of collaboration between the FDA and the USPTO ... Read More ›

Posted in: Misc, Patents

USPTO Pilot Program Evaluates Deferring 101 Rejection Responses to Improve Examination Efficiency

Earlier this year, based on a suggestion from the Congress of the United States, the United States Patent and Trademark Office (“USPTO”) implemented the Deferred Subject Matter Eligibility Pilot Program (“Pilot Program”). During the duration of the Pilot Program, the USPTO will be evaluating the effects of permitting applicants to defer responding to Subject Matter Eligibility Rejections, i.e., 35 U.S.C. §101 rejections. The Pilot Program began in February of this year and runs through the end of July, and will likely have a large impact in art units focused on Artificial ... Read More ›

A recent Federal Circuit decision in Larry G. Junker v. Medical Components, Inc., Martech Medical Products, Inc., 2021-1649, 2022 U.S. App. LEXIS 3647 (Fed. Cir. Feb. 10, 2022) serves as a reminder for businesses to carefully watch commercial activity with respect to the bar date for patent applications.

The subject of the appeal is Mr. Junker’s design patent claiming an ornamental design for a handle for an introducer sheath shown below with solid lines.

Mr. Junker accused the defendants of infringing the patented design. In response, the defendants countered in-part that the ... Read More ›

Intellectual Property Rights in Russia May Erode Due to Changes to Russian Trademark Rules

In the latest measure affecting global intellectual property protection, Russian Prime Minister Mikhail Mishustin announced a new law allowing “parallel imports.” This action will permit Russian importation of goods without the permission of the rightful trademark owners. The new law was enacted in response to sanctions placed on the Russian economy after recent events. It seeks to satisfy the demand for goods that arose after famous brands like Apple, Nike, McDonald's, Coca-Cola, and Pepsi temporarily suspended sales in the Russia. Practical application of the law could ... Read More ›

Taking Advantage of the Interface Between Trade Secrets and Patents

When you begin to study the law of trade secrets, you are advised that trade secret protection requires that the secret cannot be publicly disclosed, and this requirement is contrary to the patent protection system that requires the owner to publicly disclose the invention. This secrecy requirement appears unrealistic in a commercial environment. It is difficult to imagine how one can exploit the trade secret commercially without some disclosure to others engaged in the commercial activity associated with use of the trade secret. Those necessary disclosures could involve ... Read More ›

“Game-Changing” Cybersecurity Legislation Signed Into Law

As the threat of cyberattacks looms in the wake of the U.S.’s response to Russia’s invasion of Ukraine, President Biden signed into law a $1.5 trillion spending package on March 11, 2022 that funds the federal government through the fall. The law includes the strongest cybersecurity legislation in recent history and adopts the Strengthening American Cybersecurity Act of 2022. Jen Easterly, director of the Cybersecurity and Infrastructure Security Agency (“CISA”), stated, “Put plainly, this legislation is a game changer.”

The law increases funding for CISA over 22 ... Read More ›

USPTO Getting Faster: How to Control the Pace of Patent Prosecution in a More Efficient Patent System

In recent years, the United States Patent and Trademark Office (USPTO) has taken strides to reduce, on average, the duration of time between the filing of a patent application and either abandonment or issuance (also referred to as “patent pendency”).

The USPTO has hired hundreds of new patent examiners to replenish manpower lost during the pandemic and indicates plans to increase examiner hires steadily through 2026. USPTO, Fiscal Year 2022: Congressional Justification, 37 (2021) Various changes in the assignment of applications to art units and pre-issuance processing ... Read More ›

Posted in: Patents

Artificial Intelligence and Patents

Once only a tool for scientists, artificial intelligence (AI) is becoming an everyday tool, from voice assistants and targeted advertising to autonomous driving. It is used in a wide variety of applications from product recommendations to medical diagnosis. AI is now entering the legal field in many areas, such as in litigation forecasting, damages calculation, document review and document drafting.

As AI has progressed over time, it is now replicating more and more things that only humans had done before. This is now creating new legal issues. For example, if an AI invents ... Read More ›

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