IntroductionThe person of ordinary skill in the art is central to many patent-law inquiries, but not in the same way across the Patent Act. Section 103 expressly asks whether the claimed invention would have been obvious to a POSITA. Section
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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If AI Can Be Rightfully Named As A Joint Inventor, Is The Patent Invalid?
IntroductionThe recent debate over artificial intelligence and inventorship has often focused on a single question: can an AI system such as ChatGPT, DABUS, or another generative model be named as an inventor on a United States patent application? The Federal…
The Current State of 35 U.S.C. § 101 and Software Patents
More than decade after the Supreme Court’s landmark decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), the question of what makes a software invention patent-eligible under 35 U.S.C. § 101 remains one of the most unsettled…
Privilege in the Contect of Patent Prosecution
Attorney-client privilege is a longstanding and foundational legal doctrine. This privilege is meant to promote open communication between attorneys and their clients. Therefore, it not only protects the legal advice given by an attorney, but also the information from a…
Privilege in the Context of Patent Prosecution
Attorney-client privilege is a longstanding and foundational legal doctrine. This privilege is meant to promote open communication between attorneys and their clients. Therefore, it not only protects the legal advice given by an attorney, but also the information from a…
Can AI Copy My Voice? Navigating Identity, Music, and Intellectual Property
Artificial intelligence (AI) is rapidly advancing its presence in the arts, creating what many consider a “Napster moment” for the entertainment industry. For the past few years, the vocal likenesses of public figures and artists have been used to generate…
Patents, Defense, and Startups: What Dual-Use Startups Need to Know About Patents in 2026
Startups entering defense-adjacent markets face a different environment from traditional Government contracting. Many technologies that have application in defense contexts are created or refined in commercial markets while later being adapted for military use. Artificial intelligence, drones, and Low-Earth Orbit…
USPTO’s ASAP! Pilot Program: An Early, AI-Assisted Prior Art “Heads Up” for New Patent Filings
Prior art searching is an important, but very time-consuming, part of the patent process. An applicant may optionally choose to run its own prior art search prior to filing an application. However, the United States Patent and Trademark Office (USPTO)…
How Can I Quickly Get a Patent in Germany?
For companies seeking patent protection in Germany, timing can be critical. An applicant may want rights in place quickly to strengthen its position against competitors, support licensing or investment discussions, or prepare for possible enforcement. But the fastest route is…
The USPTO’s SPARK Pilot Program: Incentivizing U.S. Leadership in Standards Development
Standards do not just happen. They are built line-by-line and meeting-by-meeting through the efforts of many stakeholders including engineers, researchers, and companies that show up and do the work required to develop a standard. In many industries, including wireless and…