Takeaway: Foreign-domiciled patent applicants and owners must be represented by a USPTO-registered patent practitioner for all patent matters.

Takeaway: When a plaintiff brings a false advertising claim based purely on statements that cause confusion about which product was the first on the market, that plaintiff does not have a valid claim under the Lanham Act’s Section 1125(a)(1)(B), the 9th Circuit’s majority found.

Takeaway: The USPTO’s hidden assignment records issue is a stark reminder that even sophisticated IP transactions can unravel when parties assume public ownership databases are complete and accurate.

Takeaway: Content creators are increasingly pushing back against AI companies, arguing that “publicly available” data does not equal lawful use, setting up a major legal battle over the future of AI training practices.

Takeaway: By allowing patent owners to participate before a reexamination is instituted, the USPTO is shifting advocacy to the front end of the process, a move likely to result in fewer but more thoroughly vetted reexamination proceedings.

Takeaway: AI companies continue to face significant legal risk if they use copyrighted works without permission to build tools that could compete directly with the creators of those works.

Takeaway: The USPTO’s new guidance significantly expands potential patent protection for virtual and digital designs while raising questions about its legal limits.

Takeaway: Concerning software inventions, the U.S. patent statute under section 101 concerning patent eligibility requires something more than just customizing data to be patentable.

Takeaway: Use your lawyer when wanting to generate confidential AI work, as then the proprietary information could be considered “Attorney Work Product.”

Takeaway: U.S. patent filings and grants declined in 2025 for the first time in seven years, driven by factors including pandemic-related delays, shifting corporate strategies, and USPTO backlog, even as companies like Samsung, TSMC, and major automakers increased their patent output and innovation focus shifted toward energy and environmental technologies rather than AI.