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…
How One Supreme Court Decision Sparked an Era of “Efficient Infringement” — and What Might Be Changing
Nearly two decades ago, the Supreme Court’s decision in eBay v. MercExchange quietly reshaped the patent landscape — and not necessarily for the better. The ruling rejected the idea that winning a patent…
New Comics! the AI series
The Patent Beast is back with a new set of comics inspired by the ubiquitous use of artificial intelligence these days. The first comic, above, finds our inventor starting to…
When a Patent Case Is Really a Personhood Case
Dr. Stephen Thaler has lost another case to have his DABUS AI system recognized as a patent holder—this time before the Canadian Patent Appeal Board. Every loss cites essentially the…
AI Training, Fair Use, and Meta
We posted an article recently covering the Copyright Office’s report on AI training and fair use.Just to review quickly, Fair Use is the provision of copyright law that allows for…
When Trying to Save Money May Cost More
The USPTO’s fee schedule offers discounts for small and micro entities.Small entities are defined as a person, small business of no more than 500 employees, or a non-profit organization. Micro…
Enablement and Prior Art: What Agilent v. Synthego Teaches Us About the Limits of Patent Protection
In the world of patent law, “enablement” is a critical concept. But what many don’t realize is that how much enabling detail is required depends heavily on what you're trying…