BLOG

The United States Patent and Trademark Office (USPTO) took a bold step in July 2024 issuing important guidance designed to help evaluate AI-related patent claims. Notably, the USPTO guidance takes the position that AI-powered, or AI-influenced, inventions, when claimed appropriately, can be eligible for patent protections. The USPTO guidance is a tacit acknowledgement that AI-centric patent applications have spiked to the point where targeted analysis on how to address AI-related issues is warranted.  For context, the guidance is designed to help USPTO personnel and stakeholders develop a deeper understanding of the key factors that need to be analyzed when evaluating…

Non-fungible tokens (NFTs) associated with digital artwork, pictures, trading cards, music, and online gaming, have recently exploded in popularity. NFTs came onto the scene around 2021 and are continuing to grow in prominence within the Metaverse. A prime example of NFTs popularity, and value, can be found in the “Baby Birkin” NFT. For context, the “Baby Birkin” NFT was an animation of a baby growing in a Hermès Birkin bag. This NFT was recently sold in a basic space auction for the equivalent of $23,500, according to Vogue Business. A notable aspect of this auction is the fact that the…

The video game industry is booming, but with massive creativity comes equally massive legal complexity. Behind every hit game—whether it’s a triple-A blockbuster like The Legend of Zelda or an indie darling like Stardew Valley—there are layers of intellectual property (IP) involved: storylines, character designs, code, music, branding, and more. For developers, protecting these assets (and avoiding legal landmines) isn’t just smart—it’s essential. Copyrights: It’s More Than Just the Code Copyright protects original creative works, and in video games, that includes artwork, music, dialogue, and even in-game cinematics. Developers might think, “I wrote the code, so I own the game,”…

In today’s digital-first world, creators are everywhere—from TikTok dancers and YouTube filmmakers to indie game developers and newsletter writers. But as the content landscape evolves, so does the law that protects it. Copyright law is no longer just about books and music; it’s rapidly adapting to AI-generated content, memes, NFTs, and global sharing platforms. If you’re a creator in 2025, here’s what you really need to know about the latest trends. AI and Copyright: Who Owns the Output? One of the hottest (and most confusing) issues in copyright today is artificial intelligence. If you use AI to help write a…

When it comes to patents, there’s a lot of confusion floating around—especially when it comes to what counts as infringement. From Silicon Valley startups to small Etsy shops, businesses often misunderstand their rights (and risks). In this blog post, we’re clearing the air and breaking down some of the most common myths about patent infringement—no legal jargon required. Myth #1: “If I change the product a little, I’m safe.” Not so fast. Even small changes to a patented invention can still land you in hot water. U.S. patent law looks at whether your product performs substantially the same function in…

An important aspect of trademarks that many people may not realize is that they are use-based rights. Basically, this means a trademark is only entitled to be registered if the mark is actually being used. Likewise, a trademark registrant needs to continue to use the mark in commerce in order to maintain registration and must take action to renew a trademark registration at specific points in time (e.g., at year 5, 10, 20, and so forth). When reaching these milestones, trademark owners are obligated to submit specimen materials showing that the mark is still in use in interstate commerce. For…

If your company received a threatening “cease and desist” letter from a competitor claiming to own a patent that prevents you from selling your product (or demands a patent licensing fee to continue your sales), then now is the time to proactively assess the situation to determine if there is a viable infringement claim. Below is a summary of some notable considerations that generally go into a proper patent infringement analysis.  For example, the specific claims are key in a patent infringement analysis. The claims are generally located at the end of a patent, which comes after the patent’s front…

Innovations in artificial intelligence (AI) technology are having an impact on virtually every sector of the U.S. economy, including intellectual property laws. For example, with the advent of AI tools and applications, a notable legal question has arisen: can AI-generated inventions can be patented? Guidance Issued by the U.S. Patent and Trademark Office (USPTO) The USPTO attempted to answer the question above in its February 2024 guidance focused on patent inventorship analysis for AI-assisted inventions. The USPTO guidance states that “while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize…

As the digital landscape continues to expand and innovate through new technologies, there are notable trends emerging that have the capacity to reshape how certain assets are legally protected, such as intellectual property rights. For example, a significant development has been the expansion of NFTs. For context, NFTs are digital tokens that represent ownership or proof of authenticity of a unique asset. They have become a popular tool in facilitating the purchase and sale of digital art, collectibles, music, and even virtual real estate. For businesses in and around Los Angeles, NFTs offer an opportunity to create unique digital assets…

In the world of business, not every valuable asset is visible on a balance sheet. Some of the most important tools companies rely on are hidden in plain sight: trade secrets. Whether it’s a secret recipe, a manufacturing process, or a client list, trade secrets can be the lifeblood of a business. But many companies don’t fully understand what trade secrets are, or how to protect them until it’s too late. So, what exactly is a trade secret? In simple terms, it’s any confidential information that gives a business a competitive edge. Think of the Coca-Cola formula, Google’s search algorithm,…