Year-End Trademark Portfolio Audits: What to Review Before December 31
A trademark portfolio audit reviews your registrations for upcoming renewals, use requirements, coverage gaps, and potential infringement. Do it before year-end so nothing lapses or gets missed heading into January.
If you own one trademark, a year-end check takes an hour. If you own ten or more, skipping it...
Litigation Funding for IP Disputes: How Businesses Can Afford to Fight Back
Litigation funding for IP disputes can give businesses a way to enforce their intellectual property rights without having to cover millions of dollars in legal costs upfront. You have a valid patent. A competitor is using your invention without permission. Your attorney confirms you have a strong case. And then comes the...
Trade Secret vs. Patent Protection: Choosing the Right Legal Strategy Before Filing
Trade secret protection and patent protection are not interchangeable. A patent gives you public, enforceable exclusivity for up to 20 years. A trade secret gives you indefinite protection as long as the information stays confidential. The moment it becomes public, the protection is gone. The right choice between a trade secret vs...
IP Litigation Lawyer Explains How to Enforce Patent Rights Internationally
For an IP litigation lawyer, enforcing patent rights internationally is a country-by-country strategy shaped by where the infringement is happening, which treaties apply, and which venues offer the strongest enforcement tools. Experienced counsel can help you choose the right approach before you commit resources to the wrong jurisdiction.
If...
IP Litigation Strategy: Protecting Your Business When a Competitor Copies Your Product
When a competitor copies your product, the right IP litigation strategy is not always to sue immediately. The best outcome depends on what IP you hold, how strong your position is, what the infringer is likely to do, and whether litigation is the most efficient path to resolution. This post covers the...
When to Send a Cease-and-Desist Letter for Trademark Infringement
A trademark infringement cease and desist letter is often the right first move when someone is using your brand without permission, but not always. Sending one too early, too aggressively, or without the right content can hurt your position. This post explains when to send it, what it should include, and...
What to Do if Someone is Infringing Your Patent
Patent infringement enforcement gives you several tools, from cease and desist letters to federal litigation, depending on the type of infringement and the strength of your evidence. The key factors are how quickly you act, how well you have documented the infringement, and whether the violation was willful.
We're...
Patenting Artificial Intelligence: How to Draft Claims That Survive USPTO Scrutiny
Knowing how to patent artificial intelligence starts with understanding that most AI patent rejections are not about the technology but rather how the claims are written. The difference between an approved AI patent and an abandoned application often comes down to specific language choices made before the application is ever filed.
Patent Infringement Claims: How U.S. Courts Assess Damages for Businesses
When a court finds patent infringement, the patent holder is entitled to damages adequate to compensate for the infringement, but calculating those damages is rarely straightforward. Courts use specific legal frameworks to assess what you are owed, and the difference between the right damages theory and the wrong one can be worth...
How Startups Can Build an AI Patent Portfolio Before Competitors Do
The startups that build defensible AI patent portfolios are not the ones with the biggest budgets. They are the ones that started early, filed strategically, and treated patents as a business asset rather than a legal formality. This post covers the timing, priorities, and portfolio-building decisions that give AI startups a competitive...
Software vs. AI Patents: Identifying the Right Protection Strategy for Your Technology
Software patents and AI patents protect different things and follow different rules. A software patent covers a specific technical process or system. An AI patent covers a model architecture, training methodology, or AI-driven technical improvement. Most technology products that incorporate AI need to think about both, and some parts of your product...
AI-Assisted Inventions and U.S. Patent Eligibility Under Section 101
AI patent eligibility under Section 101 is determined by a two-step framework that asks whether your claims are directed to an abstract idea and, if so, whether they add something more. The 2024 USPTO guidance gives applicants specific examples of what passes and what does not. Understanding that guidance before you file...