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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…
Copyrighting an Aesthetic: Intellectual Property in the Age of Online Influencers
Influencer marketing peaks this time of year, raising renewed questions about how online creators can grow and protect their businesses. Like other marketable entities, content creators build success and revenue through carefully curated brands. An influencer’s brand often consists of a cohesive visual identity that is recognizable across short-form videos…
Patentability vs. Freedom-to-Operate in the United States: Receiving a Patent Does Not Mean You Can Practice Your Invention
A U.S. patent provides its owner with the right to exclude others from practicing the claimed invention but does not provide the owner with the right to freely practice the claimed invention.
When determining whether an invention is patentable in the United States, a patent examiner searches other patents, products,…
Copyrightability of AI-Assisted Works
Advances in artificial intelligence are transforming the way creative works are produced and raising a core question in copyright law: Who is the author when a machine plays a role in the creation? In response to this evolving landscape, the U.S. Copyright Office has issued some guidance to clarify how…
2025 Design Patent Insights: Key U.S. Case Law Developments
This year has brought a series of significant decisions reshaping the landscape of U.S. design patent law. These rulings not only clarify key legal standards but also carry major implications for how companies protect and enforce their designs. In this month’s IP Tip, we highlight some of the most influential…
How to Determine the Publication Date for Copyright Registration of Works Posted Online
In the United States, copyright protection for an original creative work exists as soon as the work is fixed in a tangible medium, i.e. written down, recorded, painted, etc. While copyright protection therefore exists even if the author or creator of the work never registers the work, registration entitles the…
Understanding the Value of Your IP
Intellectual property can be one of the most valuable assets a business owns, but many companies underestimate its financial impact and importance. IP valuation is the process of determining the monetary value of intangible assets such as trademarks, patents, copyrights, trade secrets, and domain names. A proper valuation can support…
PERA & PREVAIL Software Update 2.0: What Patent Counsel Need to Watch for in 2025
Congress is again debating two companion bills that could redefine U.S. patent practice: the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. PERA would rewrite Patentability §101 to roll back the Alice/Mayo line of cases, while PREVAIL would tighten procedures at the Patent Trial and Appeal Board (PTAB). The…