Patent examiners have had access to AI-driven prior art searching since late 2022, but its use is expanding and is now even required in some technology groups (art units). Chief
Continue Reading Patent Examiner AI Searches: Required AI-Based Searching
The Federal Circuit’s recent decision in PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. Aug. 11, 2025), a rare opinion finding challenged claims eligible, offers new guidance on the boundaries of patent eligibility under 35 U.S.C. § 101. While the case centers on selectorized dumbbells—a mechanical invention—the court’s reasoning provides valuable lessons for patent practitioners, particularly those drafting claims for AI and software-based inventions.
Continue Reading PowerBlock Holdings, Inc. v. iFit, Inc.: A Rare Patent Eligibility Opinion
In a precedential decision addressing the intersection of machine learning and patent law, the Federal Circuit affirmed the district court’s dismissal of Recentive Analytics, Inc.’s patent infringement claims against Fox Corp. and its affiliates. The court held that Recentive’s patents merely applied generic machine learning techniques to the fields of event scheduling and network map creation, and thus were directed to abstract ideas that lacked an inventive concept sufficient to satisfy the requirements of 35 U.S.C. § 101.
Continue Reading Federal Circuit: Machine Learning Patents Ineligible in Recentive Analytics, Inc. v. Fox Corp.
The Federal Circuit’s March decision in In re Xencor, Inc., No. 24-1870 (Fed. Cir. Mar. 13, 2025) has altered the landscape for patent applicants using a Jepson claim format, creating new challenges that may warrant careful consideration.
Continue Reading Federal Circuit’s Xencor Decision: Considerations for Jepson Claims and Implications for 35 U.S.C. § 101 Analysis
Patents are more than safeguards against competitors: They’re often attractive to investors and provide a competitive edge in saturated markets. In addition, they enable licensing opportunities and pave the way for an eventual exit.
Continue Reading How Startups Can Use a Patent Strategy as a Competitive Advantage
Many startups are pioneering technologies that are transforming the way we live, learn, and work. However, with great innovation comes great competition, and having a solid intellectual property (IP) strategy
Continue Reading Navigating IP Challenges: A Guide for Startups
Quantum computing companies regularly file patent applications, but will the patents that result expire before they are commercially relevant, or could they skyrocket in value in a few years? As
Continue Reading Considerations For Patenting Advances in Quantum Computing
After building for some time, the excitement surrounding the potential of quantum computing has recently gained momentum. Quantum computing attracted $1.2 billion from venture capitalists in 2023 even as overall
Continue Reading How Could Quantum Computing Change the Technology Landscape?
You are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health
Continue Reading Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents
In response to the rapid advancements in artificial intelligence (AI) and the evolving landscape of patent law, the United States Patent and Trademark Office (USPTO) has issued a comprehensive guidance
Continue Reading USPTO Issues New Guidance on Patent Subject Matter Eligibility for AI Inventions