Intellectual Property Law Blog

August 30, 2018

Market Clearance Searches for Medical Device Innovations

No one needs to reinvent the wheel and you shouldn’t waste valuable time, money and resources designing a “new” medical device that already exists. Before committing too much in terms of time and development budget dollars to a new medical […]
August 24, 2018

Using Trade Secret Protection for AI IP

Artificial intelligence innovations often consist of several elements that would be best protected by trade secret. A trade secret is any business information that provides an economic benefit or competitive advantage due to the information not being generally known by […]
August 21, 2018

Are There Any Legitimate Defenses to Trademark Infringement?

It’s an unhappy experience when you and your business stand accused of using a trademark belonging to someone else without permission. Trademark infringement is a serious allegation, and it should not be taken lightly. In some situations, it may be […]
August 17, 2018

Software Patenting Challenges

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

Strategies for Claiming AI Inventions in Patent Applications

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

Using IPR to Invalidate Competitors’ Patents

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

What is Trademark Dilution?

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 Technical Difference between AI and Machine Learning

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

Making Statements Concerning Efficacy or Safety in Medical Device Patent Applications

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 […]
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