Here’s how competitors do it—often legally, as part of a system that incentivizes innovation. Originally published by Investor’s Digest. Reprinted with permission. Many inventors view a patent as the ultimate shield against competition. After all, being granted a patent often requires years of development, substantial expense and extensive interaction with the United States Patent and Trademark Office. …
Digital Resurrection: No Simple Legal Script
AI-enabled re-creations of deceased actors in movies are one of intellectual property’s unsettled boundaries. Originally published by Investor’s Digest. Reprinted with permission. In recent years, advances in artificial intelligence and visual effects have made it possible to convincingly re-create the likeness, voice and even mannerisms of actors who are no longer living. From brief appearances to fully …
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Copyrights on YouTube: Enforcement and Reality
Digital Millennium Copyright Act’s safe harbor provisions highlight an environment of uneasy compromise. Originally published by Investor’s Digest. Reprinted with permission. During the past two decades, YouTube has operated at the uneasy intersection of copyright law and mass participation. The platform’s scale, with hundreds of hours of video uploaded every minute, has made it both a showcase …
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Is ‘Patent Troll’ Label Fading?
Rhetoric may be shifting toward an emphasis on patent quality and enforcement behavior. Originally published by Investor’s Digest. Reprinted with permission. For more than two decades, few terms in intellectual property law have carried as much rhetorical force as “patent troll.” Used to describe entities that enforce patents without manufacturing products, the label has influenced court decisions, …
Reading, Writing and … IP
Why intellectual property education belongs in every school— and how to make it happen. Originally published by Investor’s Digest. Reprinted with permission. Even though intellectual property has become a central element of innovation, entrepreneurship, engineering and creative industries, and even though students encounter intellectual property issues long before they enter the workforce, most receive little or no …
AI a 2-Sided Coin
Heads: Lawful and necessary tool Tails: Unregulated IP rights infringer. Originally published by Investor’s Digest. Reprinted with permission. Artificial intelligence has moved from novelty to necessity at a pace few technologies have ever matched. Generative AI systems now draft text, design products, compose music and write software code—often in seconds. For inventors and creators, this …
A New Era for Patent Review: How Inventors Will Be Affected by the USPTO Director’s Reclaiming of Authority in Challenges
Originally published in Inventor’s Digest The U.S. Patent and Trademark Office has entered a new chapter that could reshape how American inventors protect their ideas. In October, USPTO Director John Squires reclaimed direct authority over decisions to institute patent review proceedings, including inter partes reviews. (Editor’s note: IPRs allow a third party to challenge the …
Canada’s Long-Awaited Artists’ Resale Right: What’s Changing and Why It Matters
The cliché of the starving artist is in fact a lived reality for many, but not in a romanticized way. Many Canadian artists have incomes at or below the poverty line.[1] Visual artists (except at the highest levels) are poor cousins in the creative economy. Unlike writers or musicians who benefit from ongoing sales and …
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Fewer Claims in the Fast Lane: USPTO’s Streamlined Claim Set Pilot Program
In a Federal Register Notice published October 27, 2025 (“Notice”), the U.S. Patent and Trademark Office (USPTO) announced a new pilot program called the “Streamlined Claim Set Pilot Program” (hereinafter “Pilot Program”). This article considers (1) requirements to participate in the Pilot Program, (2) effects on applications that are accepted to the Pilot Program, (3) …
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USPTO’s Proposed IPR Rule Could Strengthen Patent Validity and Reshape Enforcement Trends
As of October 2025, United States Patent and Trademark Office (USPTO) Director John A. Squires has reclaimed authority to decide all patent review institution proceedings. This responsibility was previously delegated to judges at the Patent Trial and Appeal Board (PTAB). The USPTO also recently issued a notice of proposed rulemaking that could significantly reshape how …