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...
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.
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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...
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...
Can You Trademark a Color, a Sound, or a Slogan? A Trademark Lawyer Explains
Yes, you can trademark a color, a sound, or a slogan, but the bar is higher than it is for a name or logo. These are called non-traditional trademarks, and they require proof that consumers already associate the element with your brand. A trademark lawyer can help you build that case and...
How Lawyers Handle AI Patent Eligibility and Filing Hurdles in New Jersey
AI inventions can be patented, but the eligibility rules are strict and the filing strategy matters more than most founders realize. An AI patent lawyer helps you draft claims that survive examination, handle inventorship correctly when AI tools are involved, and build a protection strategy before competitors get there first.
Protecting Your Artificial Intelligence Invention Under U.S. Patent Law
If you've got an artificial intelligence invention, you might be wondering if you can actually patent it. The short answer is yes, in many cases, you can. But the process is more nuanced than filing a standard utility patent, and getting it wrong early can cost you protection that matters later.
Patented Paint Jobs: Toyota’s Revolutionary Color-Changing Cars
Patented Paint Jobs: Toyota's Revolutionary Color-Changing Cars
In this segment of "IP in the News," we dive into the cutting-edge world of automotive innovation with...
Exploring Augmented Reality with Apple’s Smart Glasses Patent
Exploring Augmented Reality with Apple's Smart Glasses Patent
Join Richard Gearhart and Elizabeth Gearhart are the co-hosts of The Passage to Profit Show as we step...
The European Union Patent Validation Process
The European Union patent law validation process is crucial for inventors and companies looking to protect their intellectual property across multiple EU countries. Validating a patent in the EU ensures legal protection of an invention in all member states, streamlining the safeguarding of innovative ideas. This process is especially relevant for those...