Articles
August 17, 2018
The explosive growth of the software industry is paralleled by the dramatic increase in software-related patent application filings. Nonetheless, obtaining and implementing a software patent can be challenging. Specifically, the challenges for software patenting are that software code often has […]
August 9, 2018
Inventions based in artificial intelligence (AI) are very interesting because these inventions often incorporate a variety of inventive technologies. There is usually a physical device involved in an AI invention, such as a computer, medical device, sensor apparatus or some […]
August 7, 2018
IPR is a highly effective and relatively quick path for parties who are seeking to invalidate a patent that was issued by the USPTO. It could be that the patent in question poses a barrier to entry in a market […]
August 3, 2018
One of the biggest threats to famous trademarks is trademark dilution. Famous trademarks are those trademarks that are widely recognized by the consuming public (based on the geographical area where the trademark is used). Trademark dilution involves the use of […]
July 31, 2018
The terms AI and machine learning are often used interchangeably in normal speech. But is there a technical difference between AI and machine learning? Does the technical difference between AI and machine learning potentially translate into a legal distinction between […]
July 16, 2018
When applying for a medical device patent, the application must describe and define what is often called the “inventive concept” of the invention. In addition, the application must describe this inventive concept in the claim(s) and avoid duplicating anything that […]
July 11, 2018
In the last fifty years, artificial intelligence has come a long way from beating a human at a game of chess. Nowadays, AI’s potential seems boundless. AI technologies are quickly replacing traditional methods for processing, analyzing and assessing data, images, […]
June 13, 2018
When someone is using a trademark that is confusingly similar to a trademark that is already in use, it may constitute trademark infringement. The courts must analyze trademark infringement cases based on the use of a confusingly similar trademark by […]
June 11, 2018
Just like any other aspect of filing a patent application or a petition with the United States Patent and Trademark Office (USPTO), there are certain timing restrictions that apply to the process of petitioning the Patent Trial and Appeal Board […]