All Articles
Complete archive of 104 articles on AI patents, intellectual property law, and innovation strategy from Patrick IP Law.
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The Disclosure Bargain Runs One Way: IP Risk in the AI Vendor Stack
August 24, 2026
How enterprise AI disclosure inverts patent and trade secret bargains, and what recent case law on trade secrets, jurisdiction, and patent eligibility means for
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Global AI Patent Grants Cross 100,000 for the First Time
August 20, 2026
AI patent grants hit 107,279 worldwide in 2025. Explore the legal constraints from Recentive v. Fox, USPTO's new §101 memo, and Trinidad v. OpenAI.
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Microsoft's CEO Names an IP Problem That Inverts the Patent Bargain
August 18, 2026
Satya Nadella's "Reverse Information Paradox" reveals how enterprise AI vendors extract proprietary knowledge, creating gaps in patent and trade secret protecti
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Tesla Takes the USPTO's IPR Gatekeeping Authority to the Supreme Court
August 13, 2026
Tesla's cert petition challenges USPTO's authority to deny inter partes review on extra-statutory grounds, raising key questions about Section 314(d).
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What the GenAI Patent Surge Means for Companies That Haven't Filed Yet
August 11, 2026
WIPO data shows GenAI patents doubling yearly while secret prior art and diverging USPTO/Federal Circuit standards reshape AI patent strategy in 2026.
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GenAI Patent Filings Surge Past a Decade's Worth in Just Two Years, WIPO Reports
August 10, 2026
WIPO's 2026 report reveals 56,000+ GenAI patent families filed in 2024-2025, reshaping ownership, geography, and technology trends in AI patents.
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An "Americas" Button on a Dutch Website Was Enough to Trigger U.S. Trademark Law
August 6, 2026
Fourth Circuit upholds extraterritorial injunction in dmarcian IP dispute, ruling a website button and U.S. server access triggered trademark and trade secret l
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New Harvard Research Quantifies an AI Patent Premium
July 29, 2026
Harvard research analyzing 1.8M patents reveals an AI patent value premium and shows which companies—often outside tech—are capturing it.
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Fourth Circuit Upholds the Havana Club Renewal at the Center of Bacardi's Stolen-Trademark Dispute
July 28, 2026
Bacardi & Co. v. Squires: the Fourth Circuit's narrow APA ruling on Havana Club's Section 8/9 renewal and what it means for the 2026 renewal fight.
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Study Finds AI Patents Often Struggle with the "Abstract Idea" Test, Not Inventiveness
July 22, 2026
New study reveals AI patents face 74.2% invalidation rate vs 47.9% for non-AI patents, driven mainly by §101 eligibility challenges post-Alice.
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USPTO AI Prior-Art Search Tools Are Improving. Applicants Should Prepare Accordingly.
July 21, 2026
USPTO's AI prior-art search tools are improving. Learn what patent applicants should consider, including the need for robust technical specifications.
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Argument Is Not Evidence: Technical Declarations and the Evidentiary Turn in AI Patent Eligibility
July 17, 2026
How Subject Matter Eligibility Declarations (SMEDs) are shaping Section 101 outcomes for AI patents after Ex parte Desjardins—key strategies and pitfalls.
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PTAB Extends Allergan: More Continuations Keep Their PTA Without a Terminal Disclaimer
July 14, 2026
PTAB's Ex parte Corteva decision extends Allergan v. MSN, clarifying how continuation patents can retain PTA without terminal disclaimers under ODP analysis.
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The House's New Kids' AI Bill Drops a Rule Senate Authors Call Essential
July 10, 2026
The SAFE KIDS Act and KIDS Act take different stances on AI chatbot regulation for minors, with a key dispute over duty-of-care standards.
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SCOTUS Avoids the Surrogate Petitioner Problem in IPR Practice
July 8, 2026
Supreme Court declines to resolve PTAB real-party-in-interest disclosure duties in Dolby v. Unified Patents, leaving surrogate petitioner enforcement to the USP
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AI.Law v. Eve Legal: The First Direct Patent Fight Between Legal AI Competitors
July 6, 2026
AI.Law sues Eve Legal over AI document-generation patent, the first competitor patent fight in legal AI. Explore what it means for claim strategy and valuations
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Are Court-Created Patent Laws a Drag on the U.S. Patent System?
July 2, 2026
Explore how judicially created doctrines like §101 eligibility and ODP affect U.S. patent competitiveness, plus key cases and legislation to watch.
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USPTO Waives the Streamlined Claim Set Pilot Fee — Who Should Act Now?
July 1, 2026
USPTO eliminates the fee for its Streamlined Claim Set Pilot Program, but strict eligibility and an examiner-assignment deadline remain key hurdles for applican
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USPTO Confirms SMEDs Are Working — Practical Guidance and a Litigation Caution for Companies
June 30, 2026
USPTO data shows Subject Matter Eligibility Declarations (SMEDs) are succeeding. Learn practical filing tips and litigation risks before advising clients.
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Agentic AI Is Outpacing Patent Systems — And Inventorship Law Hasn't Fully Caught Up
June 26, 2026
Record patent filings driven by AI expose unresolved questions on human inventorship. Learn what USPTO guidance means for R&D teams navigating agentic AI.
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Amazon's Private Patent Court Has No Appeal, No Validity Defense, and No Paper Trail
June 24, 2026
Amazon's private APEX patent enforcement system raises due-process concerns for sellers—no validity defense, no appeal, and minimal transparency in delisting de
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Navigating Patent Eligibility for AI and Machine Learning Innovations
June 22, 2026
How Recentive, McFadden, and Ex parte Desjardins define AI patent eligibility under § 101 — and what it means for claim drafting and portfolio strategy.
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China Out-Patents the U.S. on AI Four to One — With Help From American Research
June 17, 2026
New NBER research shows China grants 4x more AI patents than the U.S. while relying heavily on American frontier research. Key insights for IP counsel.
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Sotera Stipulations Spark Squires' Sua Sponte Scrutiny
June 15, 2026
USPTO Director Squires' sua sponte review in ASUS v. Nokia shows Sotera stipulations carry real enforcement risk—even beyond the 14-day window.
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The Patent System is a National Security Imperative
June 10, 2026
AI patent eligibility, PTAB reforms, and China's growing patent lead are reshaping U.S. innovation policy. Explore the stakes for national security and IP law.
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AI Rewrote the Cost of Patent Work. The Billable Hour Is on Borrowed Time.
June 9, 2026
Discover how AI is transforming patent economics across drafting, prosecution, and formalities—and why the traditional billable hour model is under pressure.
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Patent Law's AI Reckoning: Separating Strategic Partners from Labor Providers
June 3, 2026
IPWatchdog panel reveals how AI adoption is reshaping patent firm economics, billing models, and the divide between strategic partners and labor providers.
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No Second Bite: Director Squires Maps PTAB Discretion
June 2, 2026
Director Squires denies IPR institution in Magnolia v. Kurin, signaling that PTAB won't offer a second bite after petitioner-controlled litigation failures.
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The AI Patent Litigation Wave Is Coming. Companies Should Be Prepared.
May 29, 2026
Over 32,000 AI patents granted, but litigation is still sparse. Learn the 5 steps legal teams should take now before the AI patent litigation wave hits.
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AI Generates Answers. Humans Ask the Questions That Matter
May 27, 2026
The USPTO's 2025 revised guidance confirms only humans can be inventors. Learn how epistemic curiosity, conception standards, and documentation requirements sha
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USPTO's April 30 SMED Memo: What It Reinforces & What's Under Advisement
May 20, 2026
USPTO Director Squires updates SMED guidance on Rule 132 declarations. Learn what's reinforced, what's under advisement, and what it means for §101 prosecution
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USPTO Tightens IPR-then-Reexam Timing: What the HID Remand Decision Means for Petitioners
May 18, 2026
USPTO clarifies § 315(e)(1) estoppel in IPR-then-reexam strategies. Learn what the HID Global remand decision means for petitioners and multi-track patent chall
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AI Is Helping Inventors Invent — But May Also Hurt Patent Rights
May 13, 2026
AI is transforming invention—but using consumer AI tools risks inventorship validity and confidentiality. Learn what patent applicants must do to protect their
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USPTO's Beta AI Image Search Tool Is Live — What It Means for Design Mark Clearance
May 11, 2026
The USPTO launched a beta AI image search tool for trademark design mark clearance. Learn how it works, its practical uses, and key limitations for brand owners
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International Perspectives: How Global Patent Systems Are Approaching AI Innovation
May 8, 2026
How are the USPTO, EPO, CNIPA, and UK courts approaching AI patents in 2025–2026? A practical guide to global AI patent strategy for innovators and counsel.
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Get Patent Pending for Only $250 with Vibe Patent
May 6, 2026
Vibe Patent makes filing a patent application fast and affordable. Describe your idea, upload documents, and get Patent Pending status for just $250 plus fees.
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UK Supreme Court Ruling Creates New Paths for Pending AI Patent Applications
May 5, 2026
The UK Supreme Court's Emotional Perception AI ruling scraps the Aerotel test, adopting the EPO 'any hardware' approach and lowering the eligibility bar for AI
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Early Patents That Let Healthtech Founders Pivot with Confidence
May 1, 2026
Learn why early patent protection is critical for healthtech founders. AI-powered provisional patent drafting helps you secure IP before pitching investors.
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Practitioners Who Build Durable AI Patent Portfolios Start by Deeply Understanding the Invention
April 29, 2026
IPWatchdog LIVE 2026 panel reveals why invention-first drafting beats guidance-chasing for durable AI patent portfolios. Key prosecution strategies inside.
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The USPTO Has Shifted on AI Patents. The Courts Have Not.
April 28, 2026
The USPTO has eased AI patent examination, but the Federal Circuit hasn't budged. Learn why this gap threatens AI patent portfolios and what companies must do n
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Junior Associates vs. AI Agents: Which One Should You Choose?
April 24, 2026
AI is transforming patent law workflows, but can it replace junior associates? Explore what AI does well, where human judgment wins, and the ethics of AI-assist
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From Idea to Patent Pending in Minutes: A New AI Legal Tool Coming to Startup Grind
April 22, 2026
Vibe Patent uses AI to take founders from idea to provisional patent draft in minutes, with attorney review and USPTO filing for $250. Launching at Startup Grin
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Consumer AI Usage Risks Trade Secret and Privilege: Lessons from Two Recent Rulings
April 21, 2026
Two federal rulings show that sharing confidential data with consumer AI tools like ChatGPT or Claude can forfeit trade secret protection and destroy attorney-c
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AI-IP 2026 Milestones: Rulings & Deadlines in the Next 60 Days
April 17, 2026
Five critical AI-IP milestones in 2026: Anthropic settlement, 85+ copyright cases, fair use rulings, deepfake laws, and USPTO inventorship guidance. What practi
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Athletes Are Training Data: The IP Battle Brewing in Sports and AI
April 13, 2026
Callandor Group launches a sports IP registry to help athletes license biometric and likeness data used in AI training—amid a legal Wild West of NIL and publici
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Three Countries Account for More Active Patents Than the Rest of the World Combined — What This Means for AI IP Strategy
April 10, 2026
WIPO 2025 data: China, the U.S., and Japan hold more patents than the rest of the world combined. What this means for your AI patent strategy.
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Federal Circuit Reinforces Flexible KSR Obviousness Analysis in AR Surgical Imaging PTAB Appeal
April 8, 2026
The Federal Circuit reversed a PTAB ruling in Medivis v. Novarad, reaffirming KSR's flexible obviousness standard for AR surgical imaging patent claims. Key tak
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From "Vibe Coding" to "Vibe Patent": How AI Is Reshaping the Earliest Stages of IP Protection
April 7, 2026
Vibe Patent combines frontier AI with licensed attorney review to generate provisional patent applications in minutes—available for $250 during beta. Learn how
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USPTO Launches Class ACT: Agentic AI Tool Reduces Trademark Classification from Five Months to Minutes
April 3, 2026
The USPTO's Class ACT agentic AI tool reduces trademark classification from five months to minutes, transforming clearance searches and filing strategies for br
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USPTO Oversight Hearing Spotlights PTAB Policy: Issues for Patent Practitioners to Monitor
April 1, 2026
House Judiciary Subcommittee scrutinizes PTAB discretionary denials, RPI transparency, and institution decisions with USPTO Director Squires. Key issues for pat
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March Madness in IP Leadership: Takeaways from the U.S. Chamber's 2026 Rankings for Innovators
March 24, 2026
The U.S. Chamber's 2026 International IP Index reveals weakening protections in top economies. Critical insights for AI patent and biopharma strategies.
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Get 'Patent Pending' Status for Just $250 — Limited Beta Now Open
March 18, 2026
Vibe Patent uses AI to draft provisional patent applications reviewed and filed by a registered patent attorney for just $250 plus USPTO fees. Beta now open.
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Human Touch Required: SCOTUS Lets D.C. Circuit Ruling on AI Authorship Stand
March 16, 2026
The Supreme Court declined to hear Thaler v. Perlmutter, confirming that AI-generated works cannot receive copyright protection without meaningful human creativ
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DOJ & USPTO Back Injunctive Relief for Patent Owners – Important Signal for Startups and Individual Innovators
March 11, 2026
The DOJ and USPTO are backing injunctive relief for non-practicing entities in a landmark filing—what this means for startups, innovators, and patent enforcemen
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Microsoft's AI Game-Helper Patent: Gamer Dream or §101 Trap?
March 9, 2026
Microsoft's AI game-helper patent raises §101 eligibility questions post-Recentive Analytics. See how it compares to Sony's allowed 'Ghost Player' application.
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Federal Circuit Reinforces Director Discretion in PTAB Institution Decisions
March 6, 2026
The Federal Circuit denied mandamus in In re Kahoot! AS, reinforcing USPTO Director discretion to deny IPR institution for patents with settled expectations.
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Machine Learning Patents Made Practical: Tips for Drafting and Prosecuting Strong Applications
March 3, 2026
Learn how Recentive Analytics, Ex Parte Desjardins, and recent USPTO memos reshape ML patent eligibility. Actionable drafting tips for stronger AI patent applic
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What Does Curling Have to Do with AI Patent Prosecution?
February 27, 2026
Discover how curling strategy mirrors AI patent prosecution at the USPTO — from claim drafting and amendments to inventor-attorney teamwork. Key takeaways insid
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A Century Ago, Copyright Law Made a Mistake That Feels Familiar Today
February 25, 2026
Generative AI faces similar copyright pitfalls as the player piano era. Learn key lessons on fair use, AI training data, and creator rights for founders and AI
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Why a UK Supreme Court AI Patent Ruling Matters for U.S. Founders and Lawyers
February 23, 2026
The UK Supreme Court's Emotional Perception AI ruling reshapes AI patent eligibility. Here's what U.S. founders and patent lawyers need to know about global str
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AI Patent Eligibility and the USPTO's Ex parte Desjardins Decision
February 17, 2026
The precedential Ex parte Desjardins ruling reshapes AI patent eligibility at the USPTO, shifting focus from abstract rejections to concrete technical contribut
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Revolution or Evolution? AI's Role in Redefining Patent Obviousness
February 13, 2026
Explore how AI is reshaping patent obviousness analysis under §103. Expert analysis of USPTO guidance, PTAB decisions, and practical strategies for AI-augmented
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South Korea Becomes First Mover on Comprehensive AI Regulation — and Startups Are Nervous
February 11, 2026
South Korea launches world's first comprehensive AI regulation, the AI Basic Act. Explore how this framework impacts startups, innovation, and global AI governa
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Generative AI Patents Are a Signal for Investors
February 9, 2026
51,000 generative AI patents filed in 2024 reveal innovation trends and competitive advantages. Learn how patent data guides smart AI investment decisions.
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Federal AI Regulation is Consolidating Around U.S. Copyright Law
February 6, 2026
Trump's executive order positions copyright as key AI regulator. Learn how training data provenance affects legal risk, with settlements reaching $1.5B.
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Mexico is Quietly Becoming a Hotspot for AI Patents—and It Matters for U.S. Startups
February 4, 2026
Mexico set records in patent grants in 2025, including leading Latin America in AI patent filings. Discover why U.S. startups should include Mexico in their IP
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Minor Patent Tweaks Could Block Your Validity Arguments in Future Disputes
February 2, 2026
Federal Circuit ruling shows how similar patent claims can be precluded in disputes. Learn why substantive claim variation is critical for startups and IP pros.
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AI and the 'Law of the Horse': Do Patents Need a Custom AI Framework?
January 30, 2026
Explore the 'Law of the Horse' debate in AI patent law. Can existing patent frameworks adapt to AI innovation, or are specialized legal rules needed for AI inve
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New U.S. Copyright Legislation Targets AI Training Data
January 28, 2026
The bipartisan TRAIN Act (H.R.7209) empowers copyright owners to subpoena AI developers for training data records, raising questions about innovation vs. protec
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Who's Driving Innovation in the U.S.?
January 26, 2026
Census data highlights startups produce more radical AI breakthroughs than established firms. Learn critical IP strategies for protecting AI innovations and att
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Why the Athletics' Trademark Rejection Matters for AI Companies
January 21, 2026
USPTO's refusal of Las Vegas Athletics trademarks reveals critical IP strategy lessons for AI companies. Learn why prior rights don't guarantee future protectio
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USPTO's 2026 AI Patent Outlook: From Gatekeeping to Embracing Innovation
January 20, 2026
USPTO shifts AI patent policy in 2026 with new Section 101 guidance. Learn how the Kim Memo, Ex parte Desjardins, and SMEDs are reshaping AI patent eligibility.
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Patents and Trade Secrets in the AI Era: Why Hybrid IP Strategies Matter More in 2026
January 16, 2026
Why AI companies need hybrid IP strategies combining patents and trade secrets. Learn how to protect AI innovations, boost valuations, and create investor-ready
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U.S. Commerce Department Proposes Revenue Sharing on University Patents from Federal Grants
January 12, 2026
Commerce Secretary Lutnick proposes government revenue share from university patents funded by federal grants. Analysis of implications for AI startups, VC mode
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Navigating FDA Regulations and Patent Strategy for AI in Healthcare
January 9, 2026
Essential legal playbook for AI healthcare founders: Navigate FDA regulations, PCCPs, and patent eligibility simultaneously to protect innovation and ensure com
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Copyright and AI: The Battle for the Future
January 7, 2026
Explore how AI is disrupting copyright law through landmark cases, training data disputes, and human authorship challenges. Essential insights for IP lawyers na
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Bold Predictions for Patents and AI in 2026
January 6, 2026
Explore bold predictions for 2026 including AI-assisted USPTO examinations, §101 legislative reforms for AI inventions, and Supreme Court rulings on prior art e
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The Shrinking Patent Window for AI Innovation
December 30, 2025
AI advances so fast that cutting-edge tech becomes prior art overnight. Learn strategic approaches to capture every protectable layer of your AI innovation.
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AI & Tech Innovators: Think Twice Before Relying on IPRs in Today's USPTO Climate
December 29, 2025
Federal Circuit ruling confirms USPTO Director's broad IPR denial powers as institution rates drop to 0-4%. Critical insights for AI startups on patent strategy
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AI's Role in Patent Litigation: Accelerating Enforcement While Navigating Risks in 2026
December 26, 2025
Explore how AI is accelerating patent enforcement in 2026 through faster discovery, infringement detection, and predictive analytics—while navigating ethical an
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Nintendo v. Pocketpair: The Patent Battle Reshaping Gaming Innovation
December 24, 2025
Nintendo's lawsuit against Palworld developer Pocketpair over game mechanic patents could redefine IP protection in gaming and AI-assisted development.
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Finding Perspective Through Intentional Rest
December 18, 2025
Discover how intentional rest and stepping away from obligations can sharpen perspective. A personal reflection on work-life balance and gratitude.
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How Patent Portfolios Drive Startup Valuations and Investor Confidence
December 15, 2025
Discover how strong patent portfolios boost startup valuations by 93% and increase VC funding likelihood by 10x. Learn strategic IP tips for deep tech and biote
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USPTO Issues New Guidance on Patent Eligibility for AI Innovations
December 10, 2025
New USPTO memoranda strengthen AI patent eligibility through Subject Matter Eligibility Declarations (SMEDs) and evidence-based §101 analysis. Key guidance for
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How Open-Source Foundation Models Are Reshaping IP Strategy for AI Startups
December 8, 2025
Essential IP strategy guide for AI startups using open-source models like DeepSeek and Llama 3. Learn patent risks, FTO analysis, and investor requirements.
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Should AI Systems Be Named as Inventors Under Patent Law?
December 4, 2025
Should AI be named as an inventor under patent law? Explore how autonomous AI systems are challenging traditional patent requirements and IP ownership.
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Quantum Computing and AI: The New Frontier for Patent Protection
December 1, 2025
Explore how quantum computing and AI convergence creates new patent protection challenges. Learn strategies for documenting innovations and protecting IP in the
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USPTO Issues Revised Inventorship Guidance for AI-Assisted Inventions
November 26, 2025
USPTO's new guidance confirms only humans can be patent inventors. Learn how the revised AI-assisted invention rules impact your IP strategy and patent applicat
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Turning AI Innovation into Patent Protection: Key Considerations
November 24, 2025
Expert guidance on securing patent protection for AI innovations. Learn key strategies from recent Federal Circuit decisions and USPTO guidance for defensible I
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From Protection to Valuation: Turning Patents into Scalable IP Assets
November 21, 2025
Learn how AI patents command $3M+ premiums and strategic IP management drives startup valuations. Expert insights on transforming patents into scalable business
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AI Autonomy Doesn't Mean Absence of Accountability
November 19, 2025
Explore key takeaways from Techonomy 25 on AI accountability, patent protection, and creator rights. Learn how IP systems can prevent Big Tech dominance.
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AI Patents and Innovation: Balancing Protection and Progress at Techonomy 25
November 17, 2025
How do AI patents foster innovation without stifling it? Explore the evolving intersection of artificial intelligence, intellectual property law, and invention.
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The Critical Timing of Patent Filing: When Should Startups Protect Their IP?
November 13, 2025
Don't wait too long to protect your IP. Learn why timing matters in first-to-file patent systems and when startups should file their first patent application.
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Why 95% of Enterprise AI Pilots Fail—And What Patent Strategy Can Learn
November 11, 2025
MIT research shows 95% of AI pilots fail. Learn how patent professionals can apply these insights to build stronger IP strategies that scale and deliver ROI.
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Strategic IP Protection: Key Takeaways from TechCrunch Disrupt 2025
November 4, 2025
Key insights from TechCrunch Disrupt 2025 on when and what to patent for AI startups. Learn why early IP strategy is critical for long-term success.
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Why the Future of Innovation Needs Smarter IP Strategy
October 31, 2025
Discover how AI is transforming patent law and IP strategy. Learn about AI-generated inventions, strategic patent filing, and the intersection of technology and
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USPTO Launches Streamlined Claim Set Pilot Program to Accelerate Patent Examination
October 30, 2025
USPTO's new pilot program accelerates patent examination for applications with limited claim sets. Learn how this affects patent strategy and examination effici
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How Soon Do I Really Need to File My Patent?
October 29, 2025
Expert guidance on patent filing timing for startups. Learn why the 'when' of patent applications is crucial for protecting your innovation and competitive edge
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Reflections on Big Law and Building a Founder-Led Patent Practice
October 25, 2025
Reflections on transitioning from Baker Botts to founding Patrick IP Law, exploring the evolution of patent practice and the impact of AI on legal work.
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When the Internet Breaks: AWS Outage Exposes Critical Vulnerabilities in Legal Tech Infrastructure
October 21, 2025
Major AWS outage disrupts legal platforms, exposing risks of cloud dependency. Learn why law firms need robust backup plans and diversified providers.
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Introducing Patrick IP Law: Patent Protection for the AI Era
October 20, 2025
Expert patent law services for startups and law firms navigating AI innovation. Business-oriented IP protection, USPTO guidance, and modern patent strategies.
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USPTO Director Reclaims Authority Over IPR and PGR Institution Decisions
October 17, 2025
Breaking: USPTO Director reverses PTAB delegation for IPR/PGR institutions. Learn how this impacts patent validity proceedings, institution rates, and innovatio
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USPTO's ASAP! Pilot Program: Federal Register Notice Summary and Practice Tips
October 9, 2025
Guide to USPTO's AI-powered ASAP! Pilot Program for patent practitioners. Learn eligibility, fees, benefits, and risks for this program starting October 20, 202
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USPTO Launches ASAP! – AI-Powered Patent Search Pilot Program for Pre-Examination Utility Applications
October 8, 2025
USPTO's new ASAP! Program uses AI to transform patent searches. Learn how this pilot aims to help innovators strengthen applications with early prior art visibi