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False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Inside USPTO’s AI Subject Matter Eligibility Guidance

In accordance with President Biden’s Executive Order on the use of Artificial Intelligence (AI) in October 2023, the U.S. Patent and Trademark Office (USPTO) has issued new subject matter eligibility guidance relating to AI...more

USPTO Proposes Major Change to Terminal Disclaimer Practice

On May 9, the USPTO released a Notice of Proposed Rulemaking for significant changes to terminal disclaimers. The USPTO suggests adding a new requirement that applicants can overcome an obviousness-type double patenting...more

How to Maximize Your AI-Assisted Invention’s Patentability

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

USPTO Requires ‘Significant Human Contributions’ to Patent AI-Assisted Inventions

In response to an October Executive Order from the Biden Administration, the United Stated Patent and Trademark Office (USPTO) has released its “Inventorship Guidance for AI-assisted Inventions” (“Guidance”). The Guidance...more

USPTO Doubles Down on Inapplicability of Dynamic Drinkware to AIA Cases in Precedential PTAB Decision

What You Need to Know The USPTO has reiterated its position that Dynamic Drinkware, LLC v. National Graphics, Inc. does not apply to patents and patent applications that fall under the America Invents Act (AIA) by designating...more

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