Posts in Guest Contributors

IP Goes Pop!—Techno-Humanism: The IP of Integrating People and Technology

Welcome to the synthesized world of “Techno-Humanism,” the latest episode from IP Goes Pop!®, where the promises and legal challenges of an augmented future are decoded through the lens of pop culture. Join Co-hosts, Shareholders and Intellectual Property attorneys Michael Snyder and Joseph Gushue as they navigate the interface of IP and transformative technologies that can augment human capabilities, both in science fiction and emerging reality.

Secrecy and Taylor Swift: What Conspiracy Theories Reveal About Our Growing Distrust of Institutions

Maintaining control over trade secrets is mostly about risk management, and one dimension of risk lies in having to tell hundreds or thousands of employees to keep quiet and then depend on each of them to do so. Human nature being what it is, risk increases quite a bit when the secret is about something really big and important. And it increases even more if the secret shows that your employer is lying to the public. Indeed, you might think that kind of information is the very hardest to keep under wraps. But there seems to be a growing number of people who think it’s quite easy.

Top-Down and Bottom-Up Approaches in Writing a Patent Application

Writing a useful and enforceable patent application is not an easy task. A number of articles show how to draft a patent application. For example, Gene Quinn of IPWatchdog published a series of articles with tips to avoid mistakes or pitfalls. Automated software and AI-assisted drafting tools have also become available, but there have been ethical and practical concerns about relying on AI. Instead of discussing the specific details of the steps in writing a patent application or the pros and cons of automated or AI tools, I will focus on the overall strategies or approaches.

A Perspective on USPTO Rulemaking Following In re Chestek

There are many views on the significance of In re Chestek, No. 2022-1843 (February 14, 2024) to the U.S. Patent and Trademark Office (USPTO) rulemaking process. One question I have asked myself is what I would do differently after Chestek if I were still involved in rulemaking at the USPTO. The simple answer is almost nothing: I would cite Chestek instead of the other decisions in the Administrative Procedure Act (APA) section of a proposed or final rule.

Three Congressional Letters Show the March-In Debate Has Shifted

When the Biden Administration unleashed its proposed march-in guidelines last December, it claimed they would be a powerful tool for lowering drug prices by allowing the government to “march in” to license copiers under the authorities of the Bayh-Dole Act. It did so despite previously joining every other Administration denying price control petitions as not authorized under the law. It should have known the proposal would have minimal impact on drug prices—but would have a devastating impact on American innovation. That’s because the guidelines apply to all federal R&D agencies—not just the National Institutes of Health — so they cover inventions across the spectrum, not just the life sciences.  Now the chickens are coming home to roost. Three Congressional letters illustrate the point.

Patently Strategic Podcast: James Howard and the Black Inventors Hall of Fame

What would you have been without a role model? What would you have done had you not known your career path was even an option? The answers to these career and life-defining questions often come down to exposure, access, and whether or not we could picture ourselves doing something in the first place. I doubt there are many readers on here who are not regularly awe-inspired by the incredible work of the inventors we’re fortunate to know and serve. There are few nobler or more important professions. While we already know this and possibly take that knowledge for granted, our future depends on as many kids as possible – from as many backgrounds as possible – being inspired by, and personally identifying with, this world-shaping path. Our special guest in this month’s episode, James Howard, is taking on that challenge.