The USPTO launched the Automated Pre-Examination Search Pilot Program on 2025 October 20, as a first attempt at integrating Artificial Intelligence (AI) into the patent examination workflow. We are fans of AI and using pilot programs, but in this case, with one exception, we don’t recommend it. If you do want to try it, then...Read More
The Canadian Commissioner of Patents published a decision rejecting a patent application by an artificial intelligence system and naming the AI as an inventor. Keeping with established practice, the commissioner accepted the advice of members of the Patent Appeal Board that an artificial intelligence system cannot be named as an “inventor”. The applicant, Stephen L....Read More
Jack Dorsey, co-founder of what was Twitter, sparked debate by posting a simple statement: “delete all IP law”. Elon Musk, owner of X, quickly responded, “I agree”. Their terse, unpunctuated exchange has ignited discussions about intellectual property (IP) laws, particularly in the context of AI and copyright. Consider the implications for protecting your innovations. Background...Read More
An important U.S. court has ruled merely using generic machine learning does not constitute a new or useful process. This is a reminder that you need to be cunning in your patent strategy often looking out a decade to where the law will be. Be cunning as fox in your patent strategy. Background An important court for...Read More
The U.S. Patent and Trademark Office (USPTO) is stepping up enforcement against applicants who falsely claim small entity or micro entity status to receive fee discounts. This enforcement started in 2023, but a new June 2025 memo outlines a formal notice-and-order process with real consequences, such as removal from examination, penalties, and delays in patent...Read More
The Paris Convention establishes a "right of priority" that provides you with a window to file subsequent applications in other member states. Knowing the deadlines other parts of the treaty is key to an IP strategy.Read More
Anyone wanting to improve their strategic view of IP matters should look at a recent U.S. case involving a plant patent for a commercially important varietal of cherries. See how important it is to keep good records, use the appropriate IP rights, and find the right advisors for your companyRead More
The USPTO has specific and unique practices for formal documents. Understanding these practices and especially the requirements on signatures can save you a lot of time.Read More
The USPTO has announced significant fee increases for your patent applications to take effect in 2025. Many changes are cost adjustments to cover inflation, but others are designed to change your behaviour.Read More