Is AI Pushing The Envelope Of IP Protection?

The number of patent applications using artificial intelligence (AI) technology filed in the U.S. doubled between 2002 and 2018. With no sign of these numbers decreasing and every expectation that they will continue to grow, the US Patent and Trademark Office (USPTO) has undertaken several initiatives to explore the boundaries of existing IP law and its suitability to address AI-based innovation.

The USPTO has twice issued requests for comments (RFCs) to obtain feedback from the […]

By | December 3rd, 2020 ||

A Fight Over Trade Dress Can Be A Mess, But A Necessary One To Protect Your Brand

I. Trade Dress May Be Better Than the Rest
Fights over trade dress are legendary, costly, and complicated, but  sometimes very necessary. The entire point of the product’s trade “dress” is to identify its source, i.e., the manufacturer, etc., in the eyes of the public. In this way, an excellent distinctive product may establish an outstanding reputation for the business.  Under the law, the subject “trade dress” must be: 1) used in commerce; 2) non-functional; […]

By | December 3rd, 2020 ||

The Presumption Against Extraterritoriality’s Slow Decline In Patent Law

Stephen McBride and Elissa Sanford’s co-authored article “The Presumption Against Extraterritoriality’s Slow Decline in Patent Law,” was featured in AIPLA’s Quarterly Journal (48-3).

United States patent law has traditionally held a strong presumption against extraterritorial application. Over the years, this presumption has gradually waned in response to advances in technology and global integration. Not only has Congress periodically amended the infringement statute (35 U.S.C. §271) to reach scenarios that were once considered extraterritorial, but caselaw has also […]

By | December 3rd, 2020 ||