Intellectual Property Law Blog

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 […]
July 11, 2018

Protecting AI Algorithms/Software

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

Trademark Infringement: Likelihood of Confusion Explained

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

Are There Time Restrictions on When Someone Can Initiate an Inter Partes Review?

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 […]
June 7, 2018

Getting a Patent on AI inventions

The realm of artificial intelligence is brimming with innovation, and where there is innovation there is a need for patent protection. What makes the task of seeking patent protection for AI-based inventions tricky is that AI-based inventions are often based […]
May 31, 2018

I’ve Been Threatened with a Trademark Infringement Lawsuit! What Do I Do?

It is all too common of a nightmare scenario: a small business or individual receives a cease and desist letter accusing them of unauthorized use of a trademark and threatening trademark infringement litigation if use of the alleged trademark does […]
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