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Fuck No: Understanding Failure-to-Function Refusals

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In the world of trademark law, there is a common misconception that simply using a word or logo on a product makes it a mark. However, the USPTO often issue a failure-to-function refusal – a...

The “How” Matters: Federal Circuit Affirms §101 Invalidation of Web Conferencing Patent

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In a fresh precedential ruling on January 22, 2026, the U.S. Court of Appeals for the Federal Circuit reinforced a difficult truth for software patent owners: describing a “cool result” is not the...

Why a Clearance Search is Your Brand Name’s Bestie

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You have developed the perfect name for your new product. It is catchy, memorable, and perfectly captures your brand’s essence. You are ready to file that trademark application and make it official....

Understanding Patent Restriction Requirements

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For many patent applicants, the first communication they receive from the United States Patent and Trademark Office (USPTO) is not a “yes” or a “no” on their invention. It is, rather, a pick-one....

The USPTO Leans Into “America First”

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With a new presidential administration, as of early 2026, the United States Patent and Trademark Office (USPTO) has significantly shifted its posture under a more protectionist “America First”...

Trademark Registration for the Small to Medium Enterprise

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For a Small to Medium Enterprise (SME), a trademark is more than just a logo; it is a primary business asset. While “common law” rights exist simply by using a name in business, they are...

Group Registration for 2D Artworks Now Available

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For years, visual artists—painters, illustrators, and graphic designers—have faced a frustrating choice: pay a separate filing fee for every single published work or leave their portfolio...

Is it Fair Use to Use Copyrighted Material to Train AI Machines?

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Short answer: maybe. As of early 2026, the law surrounding AI and fair use is in a state of active transition. Federal courts are still figuring out the contours of copyright law given the new AI...

Closing the Gap: USPTO to Require U.S. Counsel for Foreign Patent Applicants

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The landscape for international inventors is shifting. On December 29, 2025, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking that seeks to end the era of...

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