On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine.
IP Law Watch
IP Law Watch, published by K&L Gates, focuses on developments in intellectual property law including trademarks, patents, copyrights, and design rights. The blog covers regulatory changes such as amendments to trademark systems, updates on copyright legislation including orphan works schemes, and fee adjustments by intellectual property offices like the UKIPO. It also discusses patent eligibility guidance, particularly in emerging technologies like artificial intelligence, and procedural innovations such as streamlined patent application programs. The content addresses both domestic and international IP law issues, providing insights into legal frameworks, policy proposals, and administrative practices affecting IP rights holders and practitioners.
Latest from IP Law Watch - Page 3
Oh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own
A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual…
Social Media Misuse-A Cautionary Tale
We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to…
Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia
PTAB Reenforces Preference for PGR
The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking…
Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations
The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid…
Adopting an “Orphan Works” Scheme: Proposals from the Copyright Amendment Bill 2025 (Cth)
The Federal Government recently announced Australia’s first statutory orphan works scheme by way of the Copyright Amendment Bill 2025 (Cth) (Bill).
Orphan works refer to copyright materials for which the owner cannot be identified or located. The policy considerations on…
UKIPO Set to Increase Fees for the First Time in Years from April 2026
On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026. This marks the first major adjustment in years: trade mark fees…
USPTO Director Squires Signals Future Update to AI Patent Eligibility Guidance at 2025 AIPLA Annual Meeting
At the 2025 American Intellectual Property Law Associate (AIPLA) Annual Meeting, John Squires, Director of the United State Patent and Trademark Office (USPTO), delivered a keynote speech that may prove pivotal for future examination of subject matter eligibility. While Director…
USPTO Launches Streamlined Patent Application Program
For applicants with a patent application having, or amended to have, a streamlined claim set—one independent claim and a maximum of nine singly dependent claims—the United States Patent and Trademark Office (USPTO) recently launched a new mechanism for accelerating initial…