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...
Richard Gearhart Presents on Intellectual Property Risk at NJSBA Summer Conference
Gearhart Law founding partner shares insights on spotting 12 IP red flags before major business transactions at NJSBA Summer Conference
Summit, NJ — August 20, 2026 — Richard Gearhart, Esq. of Gearhart Law, LLC, presented at the New Jersey State Bar Association's (NJSBA) 2026 Summer Conference, a virtual Continuing Legal Education (CLE) event held...
Protecting Biotechnology and Medical Research Under U.S. Patent Law
Biotechnology patent protection in the USA is not just about whether an invention is patentable. For research institutions, universities, and companies working on federally funded projects, ownership, disclosure timing, and collaboration agreements can determine who actually controls the resulting patent.
Most conversations about biotechnology patent protection in the...
Life Sciences Patent Applications: Avoiding Common Prosecution Pitfalls at the USPTO
Most life sciences patent applications that run into trouble at the USPTO do not fail because the science is weak. They fail because of avoidable mistakes in the specification, the claims, or the prosecution process itself. This post covers the pitfalls that show up most often and what to do about...
How to Patent a Pharmaceutical Compound in the United States
Patenting a pharmaceutical compound requires more than proving your compound is new. You need the right claims, the right data, and the right filing timing. File too late and you may lose your rights. File too early and your application may not have the scientific support it needs. Here is what the...
Patent Eligibility May Be About to Change: What PERA Could Mean for Innovators
Intellectual property law may be changing in a big way. On July 14, 2026 the Senate Judiciary Committee heard testimony on PERA which stands for Patent Eligibility Restoration Act of 2025. Hopefully they’ll update the title to "2026" if it becomes law...
Patent Protection for Biotech Inventions: Prosecution Strategies for Life Sciences Companies
Biotech patent prosecution is the legal process of getting a patent application examined and granted by the USPTO. It starts with claim drafting and runs through every Office Action, examiner interview, and continuation decision. The companies that build the strongest biotech patent portfolios are the ones that treat prosecution as a long...
USPTO’s Foreign Trademark Rules: A Guide for Non-U.S. Businesses Entering the American Market
The United States Patent and Trademark Office (USPTO) has specific rules that apply only to foreign applicants, from mandatory U.S. attorney representation to how your domicile is determined, how your goods and services must be described, and what you need to do to keep your registration alive after it is granted.
How International Companies Trademark Their Brand in the US
Entering the U.S. market as an international company means more than registering a trademark. You need to clear your brand name before launch, build legal protection across multiple IP categories, and structure your business relationships so your brand stays yours. Here is what a smart U.S. brand strategy actually looks like.
Filing a U.S. Trademark from Abroad: Registration Requirements for International Businesses
If you want to file a trademark in the U.S. from another country, you have two main options: file directly with the USPTO or file through the Madrid Protocol. Either way, you are required by law to use a U.S.-licensed attorney.
Knowing how to file a trademark in...