Bored Apes, Confused Courts, and the Question of Whether NFTs Are “Goods”
If you’ve ever wondered whether the law treats an NFT like a Beanie Baby, a baseball card, or just a bunch of ones and zeros, the Ninth Circuit just gave…
USPTO Clarifies AI and Machine Learning Patent Eligibility
The USPTO issued a memorandum on Aug 2, 2025 to help examiners assess subject matter eligibility in software-related inventions, especially those involving AI and machine learning. The memo does not…
China Finally Gets Serious About Fair Play in the Marketplace
For years, China’s business environment has been a bit like the Wild West—only with more knockoffs, keyword hijacking, and fake online reviews than a shady eBay seller convention. If you…
When “Close Enough” Isn’t Good Enough: Colibri v. Medtronic and the Push–Pull of Patent Law
Patent law has its own version of “close enough,” called the Doctrine of Equivalents (DOE). It says that even if a product or method doesn’t match the exact words of…
Fair Use and AI Training: Buy It or Bye-Bye
A recent court decision gave AI developers a roadmap for staying out of copyright trouble—and a big flashing warning sign for what not to do.The case: Anthropic, the folks behind…
The Trump-Lutnick Patent Tax: Turning the USPTO into the IRS
Every so often, Washington cooks up an idea so outside the bounds of good patent policy that you have to check the calendar to make sure it’s not April 1st.…
The USPTO’s “Settled Expectations” Doctrine — and Why It Matters to You
The USPTO has a new trick up its sleeve — and if you own older patents, you might just like it. It’s called the “settled expectations” doctrine, and Acting Director…
What Is Trademark Watching — And Why It Matters for Your Brand
Brand value is important, so protecting your trademarks isn’t just about legal compliance — it’s about defending your identity, your reputation, and your competitive edge. That’s where trademark watching comes…
52k more fraudulently filed trademark applications and registrations cleared
The USPTO issued an update on Aug 6, 2025 that it has now terminated more than 52,000 fraudulently filed trademark applications and registrations connected to a foreign filing firm, and…
USPTO Slams the AAPA Window Shut — Shockwave’s Over Before It Started
If you thought Shockwave Medical was going to be your ticket to slip Applicant-Admitted Prior Art (AAPA) into an inter partes review (IPR) as a way to patch the holes…
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