Features

How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies
The USPTO has created or expanded several programs to promote the development of sustainable energy. For patent owners and inventors in the energy sector, these programs can provide a financial and administrative edge for the development and protection of their intellectual property, as well as play a beneficial role their overall IP strategy.
Features

Can Artificial Intelligence Patents Survive Alice?
Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.
Columns & Departments
IP News
Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein
Features

Director Vidal's Impact On the PTAB: Big Changes and More On the Way
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
Features

Designing the Future: Protecting AR/VR Innovations With Design Patents
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
Features

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Part Two of a Two-Part Article In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
Features

Federal Circuit Imperils Term-Adjusted Patents
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
Columns & Departments
IP News
Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope Federal Circuit: More Than Describing Trial and Error Is Needed for Enablement
Features

A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Part Two of a Two-Part Article In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
Columns & Departments
IP News
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Sender Beware: Jurisdictional Risks of Pre-Litigation CommunicationsThe Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›