Artificial intelligence tools now sit inside almost every research and development process, from drug discovery platforms to generative design software engineers use each day. Inventors who lean on these tools face a natural question: Does using AI put patent rights at risk? The United States Patent and Trademark Office (USPTO) addressed this question in a…
DetailsIf you are an inventor, company, or patent owner located outside the United States, a new USPTO rule changes how you must interact with the Patent Office starting July 20, 2026. Beginning on that date, nearly every foreign-domiciled applicant and patent owner must be represented by a registered U.S. patent practitioner for almost everything they…
DetailsInventors researching patent protection for the first time inevitably encounter two foundational terms: “provisional” and “non-provisional” patent applications. The distinction is not merely procedural—it carries significant strategic and financial consequences. Filing the wrong type, or filing the right type incorrectly, can result in the loss of a filing date, wasted expenditure, or the forfeiture of…
DetailsInventors increasingly use generative AI tools to draft, refine, and organize their ideas before ever consulting counsel. A recent federal ruling on privilege offers a cautionary framework for evaluating the risks of that practice, particularly where consumer AI platforms use client inputs as training data. The Heppner Ruling On February 17, 2026, Judge Jed Rakoff…
DetailsIf you are a company that files patent applications, you need to make sure you actually own the patents that come out of them. That might sound obvious, but the wrong word in an employment agreement can mean you never owned the invention at all. The fix is straightforward: use present-tense assignment language—”hereby assigns”—in a…
DetailsReceiving a non-final office action represents a critical moment in patent prosecution. The examiner has reviewed your application and identified issues that must be resolved before the patent can grant. How you respond to this office action determines whether your application moves forward toward allowance or faces continued rejection. Many applicants treat office action responses…
DetailsPatent litigation by non-practicing entities (NPEs) remains a frustration for companies who manufacture products in innovative industries. NPEs follow a consistent business model: acquire patents at low cost by purchase or filing, and assert then them against companies where the settlement value exceeds the cost of defense. This creates an asymmetry that NPEs exploit—they face…
DetailsMany patent attorneys avoid discussing pricing. Some attorneys want to bill hourly, or bill separately for drawings, or otherwise leave the door open to unclear future charges. I take a different approach. Clear, flat-fee pricing establishes trust from the first conversation and allows you to make informed decisions about protecting your invention. Transparent pricing benefits…
DetailsSelecting the right patent attorney is one of the most consequential decisions an inventor or business can make. A patent application is not a form to fill out—it is a complex legal document that defines the scope of your intellectual property rights for up to twenty years. The attorney you choose will shape the strength…
DetailsThe Federal Circuit reversed a lost profits award in a patent infringement case, holding that the district court applied the wrong legal standard when it excluded evidence of noninfringing substitutes. The case provides guidance on when hypothetical design alternatives may reduce or eliminate lost profits damages. The Inventist Case In Inventist Inc. v. Ninebot Inc.…
Details