Patenting the invention is usually the better route, as it gives broader rights that cover your product and any other products that use the same inventive feature. Your claims ideally do cover systems, devices, components, and methods that appear in many products. Conversely, a product patent or patenting your product simply means claims directed to...Read More
The USPTO launched the Automated Pre-Examination Search Pilot Program on 2025 October 20 and it failed. They are using Artificial Intelligence (AI) in the patent examination workflow. Our advice was to not use it. Others agreed since only 169 applications made use of the program. So 2026 March 23, the USPTO waived the fee. Even...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
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
We are often asked about the Patent Cooperation Treaty (PCT) system which offers you a unified procedure for filing patent applications in many places. Whether this snooze button used to delay further patent applications is right for you depends.Read More
IP managers, like scientists, analyze challenges. They work with emerging technology and identify assets that align with strategic goals, much like scientific hypotheses align with research objectives.Read More
IP managers strategically choose which assets to protect, like an artist selecting colours. They identify assets the way a photographer isolates details in a crowded scene.Read More
