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USPTO Final Rule Requires Foreign-Domiciled Patent Applicants and Patent Owners to Use a Registered Patent Practitioner

07.14.2026

Beginning July 20, 2026, many foreign-domiciled patent applicants and patent owners will be required to be represented by a registered patent practitioner for patent filings and correspondence submitted to the United States Patent and Trademark Office (USPTO). The change comes from the USPTO’s final rule, “Required Use by Foreign Applicants and Patent Owners of a…

A Trade Secret Damages Award of $59 Million Undone by Delay

07.09.2026

Insulet Corp. v. EOFlow, Co. Ltd., No. 2025-1807 (Fed. Cir. May 28, 2026) The Take-Away In May 2026, the Court of Appeals for the Federal Circuit threw out a $59 million verdict for trade secret misappropriation. Insulet Corporation, which makes the “Omnipod” insulin patch pump, won the verdict against Korean competitor, EOFlow. The jury in…

Beavers, Moose, and Bears, Oh My: Buc-ee’s Trademark Enforcement Saga

06.30.2026

Students find themselves in law school for many different reasons. Some simply like to argue, others evade gainful employment with their undergraduate degrees, and yet others aspire to be one of the handful of bona fide, practicing constitutional lawyers. However, most law students would struggle to name a fellow classmate eager to one day leverage…

A New Option for Faster Patent Examination in the U.S.: Understanding the USPTO’s Streamlined Claim Set Pilot Program

06.23.2026

Program Overview The United States Patent and Trademark Office (USPTO) launched the Streamlined Claim Set Pilot Program, which offers patent applicants an opportunity to obtain expedited examination of U.S. non-provisional utility patent applications with lower burdens (lower fees and less upfront pre-emptive analysis) as compared to the two other USPTO accelerated examination programs: (i) Track…

Alabama Joins Growing List of State Consumer Privacy Laws

06.16.2026

The Alabama Personal Data Protection Act (“APDPA”) was signed into law on April 17, 2026. The APDPA will go into effect on May 1, 2027. Alabama brings the total number of state consumer privacy laws to 23. OVERVIEW While the APDPA largely mirrors other states’ data privacy laws, especially the Virginia law, the APDPA contains…

Federal Circuit Declines Review of PTAB’s Refusal to Resolve Real-Party-in-Interest Challenge

06.09.2026

In Federal Express Corp. v. Qualcomm Inc., the Federal Circuit addressed an important threshold question in inter partes review practice: whether a patent owner may obtain appellate review of the Patent Trial and Appeal Board’s refusal to decide a disputed real-party-in-interest issue under 35 U.S.C. § 312(a)(2). The court held that it could not review…

USPTO Trademark Application Filing System: Transition from TEAS to Trademark Center Not So Smooth

05.27.2026

This article describes a glitch in the U.S. Patent and Trademark Office electronic filing system for trademark applications and renewals, and provides a workaround for those affected by the problem. The Trademark Office has been transitioning its electronic filing system over the past few years, phasing out the old TEAS system (Trademark Electronic Application System),…

Has After-Final Practice Substantively Ended?

05.19.2026

For many years, after-final practice occupied a useful middle ground in U.S. patent prosecution. Counsel could file an after-final response with a narrowing amendment, request an examiner interview, and often work toward allowance without immediately resorting to a request for continued examination (RCE) or appeal. That path was never guaranteed, but it was often meaningful….

The Innovation Gap Reconsidered: Rethinking How We Empower Women in Innovation

05.12.2026

On paper, the innovation gap is easy to quantify. Across global studies, only about 13–18% of named inventors on patent applications are women. The numbers are consistent across jurisdictions, industries, and time. Progress is happening, but that progress is slow-moving. In practice, however, the gap is far more complex. During a recent panel on empowering…

Who Is the Inventor When AI Helps? What the USPTO’s New Guidance Means for Patent Applicants

05.05.2026

Artificial intelligence (AI) is now part of the ordinary innovation process in industry. Engineers use generative AI to propose design alternatives. Researchers use machine learning (ML) tools to identify patterns and optimize experiments. Product teams use AI-assisted coding and drafting tools to accelerate development. As these tools become more common, one question is becoming increasingly…

Patent Prosecution Strategy Starts with Drafting the Specification

05.02.2026

Patent practitioners spend considerable time debating claim language and claim scope. The specification, by contrast, tends to get treated as a supporting document, something drafted around the claims rather than alongside them as an equal strategic tool. However, the depth and character of the specification is itself a prosecution decision, one that shapes everything from…

Navigating Section 101: Diagnostic Methods and Product of Nature Claims

04.28.2026

Diagnostic claims and products of nature represent two of the most challenging areas for establishing subject matter eligibility under 35 U.S.C. § 101. Both domains sit at the fault line between discovery and invention—the place where patent law must determine whether a claim protects a genuine technological advance or merely appropriates a natural phenomenon. Getting…

Leveraging the Specification to Rebut Obviousness: Moving § 103 Analysis Back to the Engineering

04.21.2026

In patent prosecution obviousness rejections are often resolved at the level of prior art disclosures and articulated rationales. The examiner identifies familiar components, supplies a reason to combine, and concludes that the claimed result would have followed as a predictable consequence. The response then becomes a debate over whether the references disclose each limitation or…

Copying, Not Counterfeiting: Trade Dress, Functionality, and the Rise of Dupes

04.14.2026

In today’s fashion and design landscape, copying rarely looks like counterfeiting. Instead, copying often appears as something more ambiguous – and more widespread: the “dupe.” Fast fashion and the popularity of the “quiet luxury” aesthetic, along with platforms like TikTok, have helped popularize dupes. These products closely imitate the look and feel of branded goods…

The Federal Circuit Just Put a Useful Brake on Overreading Means-Plus-Function Claims

04.07.2026

The Federal Circuit’s March 11, 2026 decision in Gramm v. Deere is an important correction to an approach that appears with some regularity in means-plus-function disputes: courts and litigants import unclaimed capabilities from the specification into the corresponding-structure analysis and then use that expanded analysis to manufacture indefiniteness. The Federal Circuit rejected that move. Background…

Conley Rose 35th Anniversary

04.01.2026

This year marks the 35th anniversary of Conley Rose and more than three decades of practicing intellectual property law. Founded in 1991, Conley Rose has remained focused exclusively on intellectual property, providing high-quality, efficient, and dependable IP services to clients ranging from startups to Fortune 500 companies. Over the years, the firm has grown into…

The USPTO’s Automated Search Pilot Program: Early Signal or Added Noise?

03.31.2026

The USPTO recently introduced its Automated Search Pilot Program, offering applicants an opportunity to receive an automated prior art search result before substantive examination begins. For in-house counsel overseeing patent portfolios and outside counsel advising on filing strategy, the program raises a practical question: does earlier access to machine-generated prior art improve decision-making, or does…

Adoption of Organizational Security Measures

03.24.2026

Cybersecurity Requirements for Protecting Organizational Data How do you make sense of the rapidly evolving cybersecurity rules, regulations, and required protections? How can you ensure that your company has in place the minimum security measures to protect its proprietary information, third-party Confidential Information it receives pursuant to any contractual agreement, and any personally identifiable information (PII)…

The Shape of Success: How Design Patents and Trademarks Can be Used Together to Protect Product Designs

03.17.2026

Intellectual property law provides multiple tools to protect the look of products. Two of the most important are design patents and trademarks. While both can protect visual aspects of products, they operate differently and serve distinct strategic purposes. Many successful companies use both forms of protection to safeguard design and brand identity of a single…

Is Your Patent Application Moving Fast Enough? Six No-Fee Ways to Accelerate USPTO Examination

03.10.2026

Is your patent application moving as quickly as it could? Delays in examination can give competitors an advantage and postpone your ability to enforce your rights. For innovative companies, slow prosecution can impact product launches, licensing opportunities, and overall business strategy. The USPTO offers several no-fee pathways to advance applications out of turn, potentially reaching…

The Problem with Problem-Solution: Drafting Patent Applications for Prosecution in Multiple Jurisdictions

03.03.2026

International patent practice creates drafting challenges when specifications must satisfy both European and US requirements. Many practitioners believe EPO practice requires explicit problem-solution language that criticizes prior art inadequacies. This misconception may lead to using problem-solution language in US applications that creates risks such as prosecution history estoppel and claim scope limitations — risks that…

Rethinking IDS Practice in Continuation Applications

02.24.2026

The Duty of Disclosure and the Role of the IDS Patent applicants and practitioners must disclose all information material to the patentability of a patent application to the United States Patent and Trademark Office (USPTO) while the application is pending. This duty of disclosure, commonly referred to as the duty of candor, is implemented in…

Conley Rose Recognized in Juristat’s 2025 Edition of Top Patent Firms

02.06.2026

Conley Rose, P.C. has been recognized in Juristat’s 2025 Edition of Top Patent Firms, earning Gold honors across multiple core prosecution performance metrics and being named Top Outside Patent Counsel, placing the firm among the industry’s leading patent practices. Conley Rose received Gold recognition in the following core prosecution performance metrics: Normalized Allowance Rate Normalized…

Navigating Intellectual Property Risks in AI-Driven Products and Workflows

01.06.2026

Artificial intelligence is rapidly being integrated into products, services, and internal workflows across nearly every industry. Companies are using AI to design products, analyze data, generate content, and automate decision-making at scale. While these capabilities create real business value, they also introduce new and often misunderstood intellectual property (IP) risks. Organizations that move quickly to…

Global Intellectual Property Strategy: Protecting and Enforcing Your IP Rights Across Borders

11.20.2025

In today’s interconnected economy, intellectual property (IP) does not stop at the border. Whether you’re launching a product, expanding a brand, or licensing technology abroad, your ability to protect and enforce your IP globally is a cornerstone of long-term value. Yet navigating international IP systems can be complex and costly without a deliberate, strategic approach….

Strategic IP Audits: Keeping Your Portfolio Strong and Enforcement Ready

11.06.2025

A strategic IP audit ensures your patents, trademarks, copyrights, and trade secrets remain current, enforceable, and aligned with your business goals. Regular audits help protect innovation, prevent lapses in rights, and position your company for enforcement, investment, and growth. Learn why proactive IP portfolio management is essential for safeguarding long-term value.

Privacy and Cybersecurity in the IP World: Safeguarding Sensitive Data and Client Information

10.27.2025

Learn how strong cybersecurity and privacy practices protect intellectual property, client data, and innovation in the digital age.

Protecting Software and Technology Innovations

10.21.2025

In an innovation-driven economy, software is often a company’s most valuable asset. This article outlines how patents, copyrights, trade secrets, and licensing intersect to safeguard software and emerging technologies.

The Role of Intellectual Property in Product Development and Go-to-Market Strategy

10.07.2025

Integrating intellectual property (IP) strategy into every stage of product development and go-to-market planning helps businesses protect innovation, reduce risk, and gain a lasting competitive edge. From patents and trademarks to trade secrets and design rights, a proactive IP approach strengthens positioning, pricing, and long-term return on investment.

Understanding Intellectual Property Value in Mergers, Acquisitions, and Investment Deals

09.25.2025

How IP due diligence uncovers risks, confirms ownership, and protects deal value in mergers, acquisitions, and investment transactions.

Trade Secrets: When Secrecy Is Your Competitive Edge

09.16.2025

How to build a trade secret protection plan to identify, protect, and enforce confidential business information without public disclosure.

What Is a Trademark and How to Protect Your Brand Identity

09.09.2025

Your brand is more than just a logo—it’s your reputation. This article breaks down what trademarks are, why they matter, and how to protect your brand identity through strategic trademark registration, maintenance, and enforcement.

What Is a Patent and How to Know If You Need One

09.02.2025

Learn what a patent is, the types of patents available, and how to know if protecting your invention through the United States Patent and Trademark Office (USPTO) is the right move for your business.

From Idea to Asset: Turning Your Concepts into Protectable Intellectual Property

08.27.2025

In today’s innovation-driven economy, ideas can quickly become a company’s most valuable asset. Learn how patents, trademarks, copyrights, and trade secrets can protect and maximize the value of your innovations.

Texas Passes New AI Law: What Businesses Need to Know About the Texas Responsible Artificial Intelligence Governance Act (TRAIGA)

07.28.2025

Texas has passed a new AI law—TRAIGA—that affects any business developing or using AI systems connected to Texas. Learn what’s prohibited, who must comply, and how to prepare for enforcement starting January 1, 2026.

Conley Rose Welcomes Rob West as Director of Business Development

06.13.2025

Conley Rose is pleased to welcome Rob West as Director of Business Development and Marketing. Rob brings over seven years of legal marketing experience and will lead firm-wide initiatives to strengthen client engagement, enhance visibility, and support strategic growth. Based in Nashville, Rob will work across all three Conley Rose offices.

Conley Rose Announces the Opening of its Alexandria, Virginia Office

03.22.2024

Conley Rose is proud to announce the opening of its new office in Alexandria, Virginia and the election of Alan Thiemann as a Principal of the firm as a part of that office. We are excited at the unique opportunity to have added a highly experienced group of attorneys and staff who bring experience and…

Conley Rose Elects Three New Principals

03.22.2024

Conley Rose P.C. is pleased to announce that it has elected three new principals to the firm: Alan Thiemann, Nicholas Beaulieu, and Eric Kent. Michael W. Piper, President of Conley Rose says, “Alan, Nicholas, and Eric routinely demonstrate outstanding dedication to our firm and clients. Their sound legal and business judgment are a great contribution…

Conley Rose Elects Two New Principals

02.15.2022

Conley Rose P.C. is pleased to announce that it has elected two new Principals to the firm: Brandt Howell and James Hooper. Michael W. Piper, President of Conley Rose says, “Brandt and James consistently demonstrate tremendous dedication to our firm and clients, as well as the highest degree of integrity. Their sound legal and business…

Conley Rose Welcomes New Shareholder – Ryan Jenlink

09.13.2021

Conley Rose, P.C., an intellectual property-only law firm is pleased to announce Ryan Jenlink has rejoined the firm as Shareholder and Chair of the firm’s Life Sciences Practice Group. Ryan has over a decade of experience protecting and maximizing the value of inventions, patents, and other intellectual property (IP) assets for inventors, scientists, biologists, companies,…

Texas IP Boutique Elects Three New Shareholders

02.05.2021

Texas-based IP law firm Conley Rose announced today it has elected three new shareholders to the firm: Elexis Jones, Gayatry Nair and Brooks W. Taylor. “We are very excited about this group of new shareholders,” said Michael W. Piper, firm President. “They each have a have strong work ethic and have demonstrated tremendous dedication to…

Venue Provision in Patent License May Preclude Inter Partes Review

06.14.2019

InDodocase VR v. MerchantSource dba Sharper Image (CAFC 04-18-2019), the Federal Circuit confirmed that Inter Partes Review (IPR) is precluded by a typical exclusive venue provision in a patent license agreement. As is typical, the license in this case specified that “any dispute arising out of or under this Agreement . . . shall be…

Federal Circuit Upholds TTAB Ruling on Specimens of Use

04.26.2019

Part of the trademark registration process is submitting a specimen of the mark as used in commerce (“specimen of use”). Recently, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the decision of a split Trademark Trial and Appeal Board (TTAB) panel that refused to register the trademark “CASALANA” for “knit pile fabric…

Conley Rose ranked in 2018 “Best Law Firms” by U.S. News Best Lawyers

03.15.2019

U.S. News & World Report and Best Lawyers recently announced the “Best Law Firms” rankings for the eighth consecutive year. Conley Rose was regionally ranked in the 2018 U.S. News – Best Lawyers “Best Law Firms” in two (2) practice areas: Litigation – Patent and Litigation – Intellectual Property. The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous…

Supreme Court Condemns “Confidential” Sales Under 35 U.S.C. § 102(a)

01.23.2019

The sale of a patented invention before the patent application filing date will preclude a patent under 35 U.S.C. § 102(a), subject to a limited one-year grace period under § 102(b). In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan. 22, 2019), the Supreme Court held that this prohibition against pre-filing…

TTAB Must Consider All Digits of Confusion

01.21.2019

CAFC reminds the TTAB that all factors relating to likelihood of confusion between two marks must be considered when they are of record in In Re: Guild Mortgage Co., Case No. 2017-2620 (Fed. Cir. January 14, 2019).

The Federal Circuit warns against amending priority claims.

10.08.2018

In Natural Alternatives v. Iancu (Fed. Cir. 2018), the court held that an after-filing cancellation of priority claims in a parent application interrupted the previously claimed full chain of priority in the child application, thereby rendering that child application invalid based on the issued patents from the now-canceled portion of the priority chain.

Federal Circuit Again Narrows Patent Venue

05.18.2018

The Federal Circuit recently narrowed the permissible venue choices for patent litigation. In re BigCommerce, No. 2018-120 (May 15, 2018), holds that a corporate defendant “resides” for the purpose of patent venue under 28 U.S.C. § 1400(b) in only one district within its state of incorporation (for states with multiple districts). That single district is…

BE CAREFUL TO INCLUDE ALL INTERVENING APPLICATIONS IN PRIORITY CLAIMS

04.19.2018

In Droplets, Inc. v. E-Trade Bank, the patent applicant filed a continuation application that claimed priority to a pending parent application and an expired provisional application. However, the priority claim did not include an intermediate continuation application filed between the parent application and the provisional application. The Federal Circuit held that the patent-in-suit was only…

Federal Circuit Finds Prosecution Disclaimer, No Help for Patent Owner

02.27.2018

In Arendi S.A.R.L. v. Google LLC, the Federal Circuit upheld a PTAB finding that Arendi’s claims at issue in an IPR were obvious, despite a narrow construction resulting from prosecution disclaimer. Prosecution disclaimer traditionally arises when a patent applicant “clearly and unambiguously” surrenders claim scope during prosecution, usually by arguments and related claims amendments. During prosecution,…

Federal Preemption Bars State Law Unfair Competition Claim Premised on Violation of BPCIA

12.15.2017

In Amgen v. Sandoz, No. 2015-1499 (Dec. 14, 2017), the Federal Circuit held that 42 U.S.C. § 262 (the “BPCIA”) preempts state law claims for unfair competition. The BPCIA provides for streamlined FDA approval of drugs that are “biosimilar” to previously approved drugs. Similar to the Hatch-Waxman Act, a biosimilar application under the BPCIA also gives…

Burden of Crafting Proper Hypothetical Claim Rests Solely with Patentee

11.03.2017

In Jang v. Boston Scientific (Sept. 29, 2017), the Federal Circuit rejected Dr. Jang’s attempt to prove infringement under the doctrine of equivalents. Here, “ensnarement” limits the doctrine of equivalents whenever a hypothetical patent claim that literally covers the accused product would also ensnare the prior art. When ensnarement is invoked to avoid infringement, the…

CAFC Reverses PTAB, Reducing Burden for Corroborating Evidence for Conception and Reduction to Practice

09.26.2017

In NFC Technology v. Matal (September 2017), a panel of the Federal Circuit reversed the PTAB’s finding of obviousness based on the patent owner’s failure to antedate a prior art reference. The PTAB held that a third party’s fabrication of a prototype did not inure to the benefit of the inventor for purposes of reduction to…

CAFC Reverses PTAB and Cautions the PTO on Use of Inherency and Reasonable Expectation of Success

08.11.2017

In Honeywell v. Mexichem (August 2017), a panel of the Federal Circuit reversed the PTAB’s findings of obviousness from an inter partes reexamination. Honeywell’s patent covered a refrigeration composition for air conditioning systems, including an unsaturated hydrofluorocarbon (HFC) refrigerant plus a polyalkylene glycol (PAG) lubricant. The primary reference teaches the specific composition of HFC claimed…

Potential Benefit of Means-Plus-Function Limitations

08.11.2017

Many US practitioners intentionally use means-plus-function limitations sparingly and in very limited situations. The recent Federal Circuit case IPCom v. HPC (July 2017) highlights one potential benefit of means-plus-function limitations. Specifically, the PTAB (via inter partes reexamination) treated the limitation “an arrangement for reactivating the link with the first base station if the handover is…

More Clarity on AIA On-Sale Bar

08.11.2017

In a panel decision the US Court of Appeals for the Federal Circuit (CAFC) had its first opportunity to interpret the “or otherwise available to the public” clause included in 35 U.S.C. § 102 as revised under the AIA. Particularly, in this case, although the patentee entered into a publicly disclosed purchase agreement that covered the…

PTAB Confirms Assignor Estoppel Not a Defense in IPR Proceedings

08.11.2017

Traditionally, the doctrine of assignor estoppel prevented a seller of a patent from challenging the validity of that patent. One situation where I have seen this arise is when an inventor assigns his/her rights in a patent to his/her employer in exchange for consideration, and subsequently, the inventor leaves that employer to start a competing business…