The DABUS applications highlight a growing divide in global patent law, where most jurisdictions continue to restrict inventorship to humans while a few outliers test whether artificial intelligence may one day be formally recognized as an inventor.
Read MoreWhile artificial intelligence is increasingly involved in the creative and inventive process, U.S. patent law currently limits inventorship to human beings, reinforcing that statutory requirements like sworn oaths and “natural person” status remain central barriers to recognizing AI as an inventor.
Read MoreThe Supreme Court’s decision in Minerva v. Hologic preserves assignor estoppel while firmly limiting its application to situations where an inventor’s invalidity challenge truly contradicts warranties made at the time of assignment.
Read MoreThe patenting process involves a series of strategic decisions that directly impact both cost and legal protection. By understanding the differences between patent types, filing options, and search strategies, inventors can make informed choices that balance risk, expense, and long-term value.
Read MoreRecipes can qualify for patent protection if they are new and non-obvious, but patents come with disclosure and time limits. For many food innovators, choosing between patent protection and trade-secret status is a strategic decision shaped by how long exclusivity matters and how secret the recipe can realistically remain.
Read MorePatents have a definite lifespan (depending on the type of patent) and one they expire, the patent becomes public domain, meaning others are free to make, use, distribute, market and import the invention.
Read MoreThe USPTO is the government body responsible for granting patents and registering trademarks, two prominent forms of intellectual property.
Read MoreProvisional patent applications are informal, initial patent applications that set a priority date for the inventor and give them time to perfect their invention without having to include the detail required in formal patent applications.
Read MoreInter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. For more information regarding inter parties review proceedings, see our post: What are the basics of patent inter partes review proceedings?
Read MoreThe United States has the oldest existing patenting system in the world. Since its inception, the U.S. Patent and Trademark Office (USPTO) has enjoyed a steady increase in the number of patent applicants both from domestic and foreign inventors. To date, the USPTO has issued over 7,000,000 patents spanning a vast number of different technologies.
Read MoreThe process for obtaining a patent should include several steps to help ensure the idea is viable for patent protection and that the cost and time required to navigate through the patent process is worth the investment.
Read MorePatent lawyers can help inventors and invention owners with a wide scope of services—from the inception of an idea to the enforcement of those rights.
Read MoreFor an idea to be patentable, it must be new and useful, novel, and non-obvious. An invention is not patentable if it is already in use by the public, or if it consists of abstract ideas or things that already exist in nature.
Read MoreA patent is a form of intellectual property which gives an inventor the right to exclude others from making, using, offering for sale, selling, or importing an invention—for a limited time.
Read MoreThe Southern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them by visiting our Texas Local Counsel page and our Southern District of Texas Local Patent Rules page.
Read MoreUnlike other districts, the Western District of Texas has not developed its own set of rules governing patent cases. However, you can find the orders governing patent cases issued by Judge Albright by visiting our Texas Local Counsel page and our Western District of Texas Local Patent Rules page.
Read MoreThe Eastern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them as well as a diagram of the rules by visiting our Texas Local Counsel page and our Eastern District of Texas Local Patent Rules page.
Read MoreThe Northern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them as well as a diagram of the rules by visiting our Texas Local Counsel page and our Northern District of Texas Local Patent Rules page.
Read MoreUnder the Texas Uniform Trade Secrets Act (TUTSA), a plaintiff must prove (1) it had a legal recognizable trade secret and (2) the defendant misappropriated the trade secret.
Read MoreThe following may be asserted as a defense to a patent infringement claim:
Patent Exhaustion
License
Patent Misuse
Estoppel
Acquiescence
Waiver
Unclean Hands
Fraud
Inequitable Conduct
Prior Art Invalidity
Invalidity due to Failure to Meet Statutory Requirements
Non-Infringement
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