What the change may mean for patent applicants A pre-appeal brief conference can offer a relatively inexpensive opportunity to challenge a patent rejection before preparing a full appeal brief. In my practice, however, we rarely recommend one unless the record
Imagine That IP Law Blog
The Imagine That IP Law Blog, published by Volpe Koenig, focuses on developments and strategies in intellectual property law, particularly patent law. It covers topics such as inter partes review (IPR) procedures, including the use of Search Disclosure Declarations and the impact of key court decisions on IPR practice. The blog also discusses legislative proposals affecting patent eligibility, like the Patent Eligibility Restoration Act, and regulatory changes proposed by the USPTO. Additionally, it explores strategic considerations in IP protection, including the choice between patents and trade secrets, and the implications of recent case law on intellectual property management.
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The Dupe Economy: What Fashion Brands Can and Can't Do About Copycats
For many consumers, finding a good “dupe” is not a mistake. It’s the goal. Rather than being tricked into believing they are buying a luxury product, shoppers increasingly seek affordable alternatives, knowing that they are not buying the high-end product…
Aligning IP Strategy with Business Reality: A Guide to Patent Portfolio Reviews
A company may spend millions of dollars prosecuting and maintaining a patent portfolio designed around products, markets, and competitive threats identified five or ten years ago. The portfolio may contain excellent patents. The harder question is whether they are the…
When IP Enforcement Becomes the Story: Trade Dress, Antitrust, and Fee-Shifting After Deckers v. Quince
Aggressive IP enforcement can be a powerful tool for protecting product designs, brand equity, and market position. But the related proceedings between Deckers Outdoor Corporation and Last Brand, Inc., d/b/a Quince, show the other side of that strategy: when enforcement…
Design Patents in the Real World: Lessons from Deckers’ UGG® Design Patent
On the surface, design patents often look straightforward: a handful of drawings, one claim, and a short specification (description). But the recent path of Deckers Outdoor Corporation’s U.S. Design Patent No. D927,161 (161 Patent) shows how deceptively complex design-patent enforcement…
Charting the Next IP Course: Design Patents, Software Platforms, and the Automotive Aftermarket
The February 2026 federal district court and ITC complaints filed by General Motors against various aftermarket parties allegedly working “in concert” in the automotive replacement-parts market portend a new chapter in design-patent enforcement litigation. They may also provide a testing…
America at 250: Made in USA Claims Deserve a Fresh Look Before the 4th of July
The Fourth of July is a natural opportunity for brands to focus on patriotic messaging, especially around America’s 250th celebration. “Made in USA,” “American made,” “Built in America,” flag imagery, red, white, and blue packaging, and references to American workers…
Patent Danger in the Age of Free AI Tools
Increasingly, public AI tools that appear to be impressive are tempting to use for research, technology development, document preparation, and general queries on a variety of consequential issues including law in general, and patents in particular. However, submitting information to…
Design Patent Examination at the USPTO: DesignVision, AI, and the New Rules for Digital Designs
Artificial intelligence (AI) is now a part of U.S. design patent examination, but not in the way some practitioners may expect. The latest public USPTO materials do not identify a new, post-DesignVision AI tool dedicated to design patent examination. Instead,…
Extending Your Patent: Continuation and Divisional Patent Practices & Strategies in Worldwide Jurisdictions
In most commercially significant inventions, strategic filing of various types of “child” patent applications (patent applications extending from an original or “parent” patent application) in various worldwide jurisdictions is useful in capturing the full value of an original invention. The…