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

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

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

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

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

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

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.