Patent Strategy

Most founders understand the excitement of being "patent pending." Few truly grasp what it means to have freedom to operate. The two are not the same—and confusing them can turn a product launch celebration into a crisis overnight when a cease-and-desist letter arrives from a patent holder you never knew existed.

Every intellectual property decision shapes your company's exit value. But the choice between patent protection and trade secret protection may be the single most consequential decision you make—particularly in artificial intelligence, machine learning, semiconductor manufacturing, and robotics, where the stakes are highest, and the tradeoffs are sharpest.

When you ask a technical founder "Is my innovation patentable?"—you've asked the wrong question. The real question is: "What competitive position does my innovation occupy in the existing technology landscape, and how should that shape my patent strategy, product development roadmap, and IP investment decisions?"

The USPTO's approach to AI patent eligibility has fundamentally shifted from broad acceptance to requiring demonstrable technical improvements, creating both challenges and opportunities for patent practitioners in the AI sector.

Ex parte reexamination has evolved into a primary strategic tool for patent portfolio management and competitive intelligence in the modern innovation economy. The procedure has experienced a dramatic resurgence, with filing requests more than doubling from 2020 to 2025. Given the universal standing and lower threshold for review, compared to other post-grant proceedings, and the strategic advantages reexamination offers over traditional litigation, it's no wonder the process

Patent pending is a strategic tool that inventors can use to maximize the value of their intellectual property. Here, we examine the mechanisms for obtaining patent pending status, the various ways it can be lost, and the implications for intellectual property practice in AI, robotics, and semiconductor manufacturing.

Standard Essential Patents (SEPs) are creating significant barriers to innovation in the U.S. precision agriculture sector, particularly affecting small and medium-sized enterprises (SMEs) and emerging technology companies. While precision agriculture continues to expand, patent licensing burdens are becoming increasingly problematic for innovators developing IoT-enabled farming solutions/ The intersection of AgriTech with wireless communication standards is creating new lice

The United States Patent and Trademark Office (USPTO) requires inventors to identify any prior art they are aware of at the time of filing. This may seem like doing the examiner’s job for them. However, strategic use of the information disclosure statement (IDS) can enhance the value of your IP assets. With the USPTO's recent fee changes taking effect on January 19, 2025, now is a great time to review these obligations and procedures.

There are many statuses a patent application can have at the United States Patent and Trademark Office (USPTO). Pending status indicates that a patent application has been filed for an invention, but no patent rights have been granted. Your application will remain pending until it is granted or abandoned. [1].   Granted patents are approved by the USPTO and provide enforceable patent rights while active. Applications are considered abandoned when the applicant fails to respon

There is a well-known backlog of patent applications at the United States Patent and Trademark Office (USPTO). Applicants wait an average of 18-24 months to receive the first correspondence from their patent examiner. Fortunately, the USPTO provides options to prioritize your application that can cut this time in half.   Expedited examination options and their requirements Track One Prioritized Examination Track one is a program designed to reach a final disposition (allowanc

The grant date and the expiration date of a patent are often seen as most important when considering patent rights. While these dates are significant, applicants must understand the USPTO's internal deadlines to successfully navigate from filing the patent application to approval. Timing is a critical component of every patent strategy, and missing a deadline could mean the loss of patent rights. Below are some key dates and timelines at the USPTO.   Patent Filing Dates When

If you’ve filed a patent and want to protect a newer version of the invention, a child patent may be the tool for you.

The PCT gives innovators tools to protect their intellectual property around the world.

Background and Purpose The Semiconductor Chip Protection Act (SCPA) of 1984 gave American semiconductor innovators tools to protect the layout or topography of an integrated circuit (IC). Prior to this act, IC layouts were largely unprotected by patents or copyrights and vulnerable to unauthorized copying. [1]. The layout is called a mask because each layer of the IC is constructed around a photolithographic mask that dictates the location of components on a semiconductor waf

Filing a patent application is something you want to make sure you get right. Missteps in the application and drafting phase may remain hidden until you get a rejection from the patent examiner one-to-two years later. Some issues are easily fixable, while others, like not claiming the salable features of your invention, are not. Mistakes happen, but many can be avoided by knowing the patent office’s requirements and having a plan to address them. To get a patent, the USPTO re