The unlawful acquisition and use of trade secrets Trade secret misappropriation can cause significant damage to a company. Under federal law, the Defend Trade Secrets Act (DTSA), enacted in 2016, creates a federal civil cause of action allowing a trade secret owner to bring trade secret misappropriation claims in federal court for the unlawful acquisition, […]

Inventions, Patent Drafting, and Patent Prosecution AI for patents is no longer a niche topic. Artificial intelligence, machine learning, neural networks, large language models, and other AI technology (generally referred to as "AI") are changing how practitioners search prior art, analyze data, prepare patent applications, and manage patent prosecution. But the question remains of whether […]

The New USPTO Design Patent Bar As of January 2, 2024, the United States Patent and Trademark Office (USPTO) is accepting applications for the newly created design patent practitioner bar. The design patent practitioner bar is a new form of patent agent license to practice before the USPTO in design patent applications. This new registration […]

When Is It Legal to Reverse Engineer a Product on the Market? Reverse engineering is a common method of working backward from a physical object, computer hardware, software, or other technology to discover its functionality, components, and hidden design information. Businesses use reverse engineering to analyze a competitor’s product, recover lost data, recreate obsolete parts, […]

Dealing with Copyright Claims Copyright litigation refers to the legal process of enforcing one’s rights in creative works through lawsuits in federal court to address unauthorized use of copyrighted works (“copyright infringement”). A copyright owner can sue in federal civil court to stop the alleged infringement and recover damages, if they have gone through the […]

Which is Better for Protecting Your Business Innovation? When a company develops valuable technology, processes, or business information, one of the most important considerations is how to protect it. Both trade secret protection and patent protection are powerful tools for protecting intellectual property, but their applicability and benefits vary for different kinds of innovations. Understanding […]

What is Required to Create and Maintain Trademark Rights A proper, valid trademark or service mark must identify and distinguish your goods or services, be used in commerce, and be distinctive, allowing it to function as a source identifier. The purpose of a trademark is to provide a reliable indicator to a consumer that the […]

What can you protect with a design patent? If your product’s appearance is unique and attracts customers (e.g., it includes a sleek silhouette, ornate surface styling, etc.) it may be worthy of design patent protection under U.S. patent law. Even if a product design does not qualify as a technical invention, a novel and non-obvious […]

Understanding IP portfolios and their business value Intellectual property portfolio management is an important business tool for companies that are engaged in innovation or creative industries. Businesses that own patents, trademarks, trade secrets, and other intellectual property (IP) need management of their IP assets to maintain their enforceability and maximize their value. A strong IP […]

How Courts Define The Scope of Patent Rights Patent claim construction is the process by which a court determines the meaning of patent claims, which are the words that define the scope and rights of a United States patent. Claim construction therefore shapes the outcome of a patent infringement lawsuit. In plain terms, before anyone […]