An Explanation of Patentable Subject Matter Businesses and entrepreneurs often face a critical problem: they fail to recognize patentable subject matter in their innovative products or services and inadvertently forfeit valuable patent rights by entering the marketplace without first filing a patent application. Whether developing cutting-edge digital technologies, advanced electronics, chemical innovations, novel consumer products, […]

The Written Description Requirement under US Patent Law The written description requirement under 35 U.S.C. §112(a) plays a foundational role in U.S. patent law. This requirement mandates that a patent specification contain a "written description of the invention" in a full and clear manner. Over decades, this statutory provision has evolved through jurisprudence to function […]

An Explainer for Business Owners and Entrepreneurs Business owners and entrepreneurs need to have a basic understanding of intellectual property law. Whether launching a startup, developing a product, or building a brand, you need to know how intellectual property rights can protect and affect your business. It is not uncommon for lay people to be […]

Ownership of Copyrights in Your Commissioned Project Works for hire or “Works made for hire” is a statutorily defined category of works for which copyright ownership is transferred from artists and other creators to the party who commissioned their creative work (e.g., an employer or contracting enterprise). The work made for hire statute vests copyright […]

The Significance of Quality Control in Trademark Licensing and the Doctrine of Naked Licensing Trademarks serve as source identifiers, enabling consumers to distinguish the goods or services of one party from those of others. This function allows consumers to rely on trademarks as indicators of consistent quality, fostering valuable goodwill associated with the mark. Trademark […]

Copyright Law in the Age of Generative Artificial Intelligence: Legal Treatment of AI-Generated Written, Audio, and Visual Works The rise of generative artificial intelligence (AI) has introduced dramatic shifts in creative industries. As generative AI tools become widely used in generating images, music, literature, and more, critical legal and policy issues surrounding authorship, originality, ownership, […]

Being Rejected Based on Your Own Work Double patenting is a doctrine in patent law aimed at preventing the improper extension of patent rights through multiple patents covering the same invention or an obvious variations of an earlier invention by the same party. The difference between a double patenting rejection and a standard anticipation rejection […]

Not all patents are created equal. A common misconception in patent law is that a granted patent remains enforceable until its expiration date. However, patents are not invincible; they can be challenged and invalidated at any time if they fail to meet statutory requirements. A patent's enforceability is contingent on its validity, and numerous legal […]

What is the Difference?  What Does This Mean for Your Business? Business owners are often confused about the differences between trade names and trademarks. It is often assumed that establishing a trade name through a corporate registration or business license automatically grants trademark rights, but this is incorrect. While both terms relate to a business’s […]

How Does a Trademark Registration Become Incontestable? What Does Incontestability Mean? Securing a federal trademark registration provides its owner with several substantial benefits, including a presumption of rights in the registered mark, nationwide rights, and many enforcement benefits. However, many business owners are unaware of the enhanced legal benefits available once a registered mark reaches […]