In Memoriam – Andrew Berks
We were very sad to learn of the untimely passing of our colleague and former Fresh partner, Dr. Andy Berks, on February 26, 2025. He passed peacefully surrounded by his
We were very sad to learn of the untimely passing of our colleague and former Fresh partner, Dr. Andy Berks, on February 26, 2025. He passed peacefully surrounded by his
The “Collateral Order Doctrine” was the issue in the recently decided case Copan Italia v. Puritan Medical Prods., No. 22-1943 (Fed. Cir. decided May 14, 2024). In that case, Copan
A question that often comes up in patent drafting and counseling is whether an inventor has to prove an invention actually works in order to get a patent, either by
Assigning a patent application to a corporate entity (C-corp, S-corp, or LLC) is almost always a best practice. Many inventors don’t understand the value of this procedure, so lets break
Have you had a chance to use any generative AI? It is continually growing in ability and one such area of extreme growth is related to generation of art. The
There are a number of “continuing” patent applications including a continuation, a divisional, and a continuation-in-part. (See MPEP 201 for more information). But what is the difference??? What is a
On December 29, 2022 President Biden signed the Consolidated Appropriations Act, 2023 into law, which included the Unleashing American Innovators Act of 2022. With the cost of many things continuing to rise,
Neuralink is a brain-machine interface (BMI) company purchased in 2016 by Elon Musk, the CEO of Tesla, Space X and Hyperloop. The company is developing an “ultra-high bandwidth brain-machine interface”,
If you need a refresher on what an Office action is and statistics associated with Office actions in the U.S., take a look at this link. In the U.S., after
Based on studies and the USPTO’s data, in the United States almost 90% (!!) of patent applications are initially rejected. The patent examiner will reject the claims for one or
In early 2022, the Intellectual Property Owners (IPO) Association released an update to the White Paper and Patent Eligibility Tool. It is entitled 35 USC 101 Subject Matter Eligibility Cases
Fresh IP has ranked amongst the top 1% trademark firms in the United States. In terms of activity, we rank 268 (893 applications filed) out of 28,217 firms. When it
Trademarks Meet the New World If you haven’t heard by now, the tech giant Facebook has renamed and fully rebranded itself as “Meta.” The company is preparing to launch a
At the end of 2019, I just finished my own startup adventure. I was a founder, created some tech, sold it, raised money, had a board. Indeed, I had the
You can file two types of patent applications with the U.S. Patent and Trademark Office (USPTO): a formal or non-provisional patent application and an informal or provisional patent application. Unlike a formal or
Aubrey Chen, a Silicon Valley Patent Attorney, has been with FRESH since the very start. At FRESH, we believe that our top team is everything. So, we sat down with
Should I give up on my dream because it’s too expensive? You may be a small business owner, or an individual, who have great ideas for a new technology, product,
Can you patent software? Former U.S. Patent and Trademark Office Director Andrew Iancu recently acknowledged that the law surrounding patentable subject matter has become too complicated. Although we deal with
You may be facing a trademark opposition proceeding, either as an opponent or as a defendant (applicant). The following will give you an accessible overview of the main elements in
No, an NDA is not necessary. However, this is a great question. As a patent attorney, I receive this question a lot when I first speak with a potential new
Are you seeking international protection of your trademark? If so, you have two options: Making an individual application within each foreign jurisdiction Making an application through the International Trademark System
Startup trademark registration is an important step on your startup journey. It is vital that you pick a suitable trademark and that you adequately protect it. Your mark is an
How do you file patents internationally? This printed guide covers the the use of the PCT system.
John Bednarz, a Kansas City Patent Attorney, is our go-to person for AI patents. You would remember our recent interview with Micah Gunn, a South Carolina Patent Attorney. John is
It takes a lot of guts to start a solo patent firm. The title of this post is intentionally provocative, but I actually admire anyone who takes the step of
This is the second post on the first meeting with a patent attorney. The first could be found here. Here are the questions that I typically like to ask a
Before you have a first call, video meeting, or in-person meeting with a patent attorney, you may have a number of questions or concerns. Here are the top questions/concerns that
Micah Gunn is a South Carolina Patent Attorney. He joined FRESH recently and quickly became an integral part of the FRESH team. At FRESH, we believe that our top team is
Considering a trademark opposition? Each opposition is different. However, it’s not really reasonable to just say “we don’t know” or “it could be anything” so here is a summary of
We are constantly asked how much does it cost to get a patent. Whilst patent prosecution is an art more than a science, below are some guidelines to the process
How long does it take for a patent to be approved? Many of our clients are A.I./software companies. This is a rapidly growing space that is becoming very well-funded. However,
Whist everyone wants patents issued quickly, patent prosecution in the U.S. can be daunting. A non-final rejection followed by a final rejection and then again. In response, IP owners narrow
This post is a summary of a video interview of Fresh expert Cliff Hyra about patent examiner interviews. If you filed a patent in the US, you may be familiar
In the age of rapid testing & quick growth, where the company that is “first to market” tends to win, it is increasingly important for businesses to build a strong
Expediting a patent application through the USPTO is increasingly desirable for companies seeking to strengthen & grow their patent portfolio. Track One Prioritized Examination is another route that IP
A US design patent application protects the ornamental presentation of an invention. This can include the invention’s shape, configuration and/or surface ornamentation but does not cover structural or functional features.
An application can go abandoned for a number of reasons; failure to respond to an Office Action, failing to pay Maintenance Fees, not submitting the correct documents alongside a response,
Mr. Johnson has been a patent attorney for almost 40 years. He started his career as a patent examiner, spent a couple of years in-house and then joined a large,
In the past few years, there has been an increase in innovation in the Medical sector, prompted by the enactment of the Affordable Care Act in the US, and more
Fresh experts host Dr. Shamus Husheer for a discussion on succeeding at a time of crisis.
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