IP Law Digest
IP Gotchas: Patenting Neural Networks
October 12, 2020
The demand for improvements in autonomous technology is accelerating. Memory and processing power has continued to grow exponentially cheaper, but the volume of data to process has exploded making it nearly impossible for traditional data analysis techniques to provide timely…
Read MoreStudy Shows that Recent Guidance Documents Published by USPTO Regarding Subject Matter Eligibility are Proving Effective in Reducing Uncertainty
June 18, 2020
The United States Patent and Trademark Office (USPTO) recently published a study titled “Adjusting to Alice” that provides the results of an examination of patent examination outcomes after the Supreme Court’s decision in Alice. This study found that recent efforts…
Read MoreIP Gotchas: The Patent System
June 11, 2020
Many times Businesses form and thrive because of a revolutionary product like the smart phone, or because of a new service model like ride sharing. These products and services often include novel processes for solving old problems, or new and…
Read MoreWebinar: Copyright basics and considerations for entrepreneurs and small businesses
June 9, 2020
Entrepreneurs and small businesses owners – Register to attend a free webinar about the basics of copyright and receive insights into copyright registration and enforcement. The 90-minute program is on Tuesday, June 16, from 1-2:30 p.m. ET. Specifically designed for…
Read MoreWoodard Emhardt Celebrates World IP Day
April 22, 2020
Sunday, April 26 is World Intellectual Property Day, a day to celebrate and learn about the role that intellectual property rights play to encourage and facilitate innovation and creativity. Originally created by the World Intellectual Property Organization (WIPO) in 2000,…
Read MoreChanges in USPTO Rules Due to the Coronavirus Outbreak
April 6, 2020
The United States Patent and Trademark Office has made several temporary rules changes in response to the coronavirus outbreak. These rule changes include: Extension of patent and trademark related deadlines. On March 31, the USPTO announced extensions to the time…
Read MoreIP Gotchas: Failing to Recognize Your Company’s Intellectual Property Assets
March 26, 2020
Companies routinely focus on development and marketing of new ideas, particularly in the early days as a startup. Protecting intellectual property is often set aside for later after the idea takes off and the marketplace has indicated “there is something…
Read MoreDebunking the "Poor Man's Patent Myth"
March 19, 2020
Myth: If I write down my invention and mail it to myself through the USPS, I will receive some level of patent protection on my invention. (In some versions of the myth, I will receive protection only if I do…
Read MoreIPR Is Here to Stay, With Even Greater Stakes
April 25, 2018
On April 24, the Supreme Court issued two important decisions on the availability and scope of post-grant Inter Partes Review (IPR) by the U.S. Patent and Trademark Office. The IPR process allows the PTO to review and potentially cancel claims…
Read MoreUSPTO Increasing Patent Fees for 2018
November 16, 2017
The USPTO has issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees. Notably, the rule increases a large number of fees including filing fees, search fees, examination fees, and…
Read MoreAIPLA Provides Legislative Proposal on Patent Eligible Subject Matter
May 17, 2017
The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in…
Read MoreMagistrate Judge in Eastern District of Texas Adds to the Developing Jurisprudence of Estoppel in the Context of IPRs and 35 U.S.C. § 315.
May 16, 2017
A magistrate judge in the Eastern District of Texas has recommended to the Court on May 11, 2017 that Microsoft be estopped from raising certain defenses at trial stemming from a total of six (6) IPRs filed by Microsoft against…
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