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The top entry on our list of hottest subject matter areas for patent coverage will come as no surprise. AI and software are absolutely everywhere right now and while the rules can be complex, many of these innovations do qualify for patent protection—with the right approach. Start With the Statute Patent eligibility in the U.S….
Technically, no—but that doesn’t mean you’re out of options if you’re gearing up to launch. In the United States, a trademark must be “used in commerce” before it can be officially registered. This requirement actually comes from Article 1, § 8 of the U.S. Constitution, which gives Congress the power to regulate interstate commerce. (Patents…
The fees charged by the USPTO for a new patent application can be significant when added to the legal and costs of preparing the application. Fortunately, the USPTO offers substantial fee discounts for applicants who meet specific eligibility criteria. Aimed at small businesses, nonprofits, individual inventors, and educational institutions, these discounts can reduce total fees…
We’ve been thinking about AI a lot lately, and only in part because we use it so much around here. In just a few years across every economic sector, AI has become a faithful co-creator and innovator, contributing to architecture, healthcare, graphic design, aerospace engineering, and beyond. Ever since Darth “He Is More Machine Than…
Innovation is the lifeblood of progress. From groundbreaking technologies to revolutionary products, the quest for innovation has shaped our world in profound ways. But behind every groundbreaking invention lies a crucial component that often goes unnoticed: the patent. Patents serve as the cornerstone of innovation, offering inventors exclusive rights to their creations for a limited…
At the heart of any patent is the claims, the quirky, numbered paragraphs at the end of the patent document. The claims describe in words where the boundary around your invention lies, and are crucial to the scope and value of your patent right. Let’s take a closer look at these claims, their purpose. An…
The United States Patent and Trademark Office serves a critical function in the global economy by providing incentives for innovation and supporting new technologies. It is also an absolute unit, with an estimated budget of $4.3B for the coming year and a staff of more than 13,452 employees.[FN1] With that budget and workforce, the USPTO…
BY DAVID A. BOAG | BOAG LAW, PLLC So, you’re ready to patent your invention. You already know you must act quickly to hold onto your rights. But then what? This guide will help you maximize your chances of filing a useful, grantable patent application with the United States Patent and Trade Office (USPTO) while saving as…
BY DAVID A. BOAG | BOAG LAW, PLLC Trademark scams have been around for years. The classic scam goes like this: A third-party mines the public trademark application database and contacts scores of trademark applicants directly, requesting payment for some fee or service that isn’t actually necessary. This scam is so widespread that the USPTO has…
BY DAVID A. BOAG | BOAG LAW, PLLC Securing a patent for your new idea can be a long game. Applicants can expect to wait 20 months or longer before an examiner reviews the application. The reason is simply one of numbers. A staff of about 8,176 examiners are tasked with examining a backlog running 765,000…
BY DAVID A. BOAG | BOAG LAW, PLLC On November 23, the curtain went down on TESS, the USPTO’s trademark search system that had served trademark searchers since roughly 2000. In its place comes a supercharged replacement. This article is a crash course in the USPTO’s new replacement to TESS (official name to be determined so…
Social media is literally everywhere. Nearly 5B global users are generating and digesting billions of units of audio, video, media, graphics, mashups, memes, and everything in between. Do these creations follow the same rules as other types of works? In many cases, the answer is yes. Creators of original social media are entitled to the…
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