Intellectual Property

The Impact of Venture Capital Funding on Entity Status

November 10, 2023 | Blog | By Michael Van Loy, Jessica Zhang, Qi Zhang

The United States Patent and Trademark Office (“USPTO”) offers reductions in official fees to patent applicants that qualify for “small entity” status, which can be advantageous for many companies.

AI-Based Patent Applications: Recent History and the Future

October 30, 2023 | Blog | By Vishak Ganesh, Frank Gerratana

Federal Circuit Puts the Onus on Patent Owners to Disclaim Patent Term or Face Double-Patenting

September 7, 2023 | Blog | By Peter Cuomo, Thomas Wintner, James Whittle, PhD

Picture Claims as an Effective Patent Strategy: Top 10 Reasons to Precisely Tailor Your Patent Claim

September 6, 2023 | Blog | By James Whittle, PhD, Terri Shieh-Newton, Dean Farmer, PhD

Federal Circuit Clarifies That Secondary Considerations Must Be Considered Both Individually And As A Whole In An Obviousness Analysis

August 31, 2023 | Blog | By Michael Newman, Peter Cuomo, Paul Weinand

Can Enablement and Written Description Bars be Lower for Method-Of-Treatment Patent Claims?

August 21, 2023 | Blog | By Lei Xu, PhD, Dean Farmer, PhD, Christina Sperry

Distinguishing Patent Protection from Patient Safety – A Role for the FDA

August 21, 2023 | Blog | By Peter Hecker, PhD, Lee Johnson, PhD

An Overview of Shotgun Pleadings in the Federal Courts

August 7, 2023 | Blog | By Joe Rutkowski, Peter Cuomo

Why Pharma Companies Should File Patents Later In The R&D Process

July 25, 2023 | Blog | By Alex Trimble, PhD

Clinical trial related patent applications are often filed prior to the start of the Phase I clinical trial to minimize the risk of invalidation of the resulting patent for public use (35 U.S.C. § 102(a)) based on the clinical trial itself. This conservative filing strategy is unnecessary for the majority of clinical trial-related inventions, and reduces the value of the patent by prematurely starting the patent term clock.

Split Decisions: Can a Complaint Serve as Knowledge of Indirect Infringement?

July 21, 2023 | Blog | By Daniel Weinger, Simone Yhap

Disqualifying an Inventor’s Prior Publication as Prior Art – Invoking §102(b)(1)(A)

July 6, 2023 | Blog | By James Whittle, PhD, Dean Farmer, PhD

Supreme Court: Parody Not a Shield from Trademark Infringement

June 9, 2023 | Blog | By Michael Graif

Supreme Court Unanimously Affirms Amgen Repatha® Antibody Patents Invalid for Lack of Enablement

May 25, 2023 | Blog | By Joe Rutkowski, Peter Cuomo, Thomas Wintner, Adam Samansky, Terri Shieh-Newton

Intellectual Property for the Metaverse

May 24, 2023 | Blog | By Frank Gerratana, Amritaa Ganguly

As metaverse-related technology and branding initiatives continue to grow, innovators in the space may need to pursue IP protection. Mintz Member Frank Gerratana and Associate Amritaa Ganguly discuss the use of patents, trademarks, and copyrights to protect innovations and creative activity associated with this new virtual world.

Nothing for free – the real costs of ChatGPT

May 11, 2023 | Blog | By Michael Renaud, Marguerite McConihe, Nana Liu

Making Bacon Still Requires a Significant Contribution for Joint Inventorship

May 10, 2023 | Blog | By Peter Cuomo, Hannah Edge

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

April 5, 2023 | Blog | By Nicholas Armington , Michael Renaud, Jonathan Engler

Successful defense of trade secrets in litigation begins with evaluating valuable confidential information and steps taken to safeguard it before any disputes arise. Trade secret asset management allows companies to effectively frame misappropriation or theft claims and advance arguments at every stage of a trade secrets dispute.

Benefits and Legal Risks of Embracing Generative AI Applications

April 5, 2023 | Blog | By Jeremy Glaser, Lorena Niebla

Generative artificial intelligence creates content and work efficiencies but also comes with legal pitfalls. Mintz Venture Capital & Emerging Companies Practice Co-chair Jeremy Glaser and Associate Lorena Niebla look at the technology's potential uses as well as risks related to data privacy, intellectual property, and more.