Patent & Trademark

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The continued expansion of GLP-1 weight-loss therapies has introduced both commercial opportunity and evolving legal and regulatory considerations across the health care landscape. Novo Nordisk’s (“Novo”) recent federal lawsuit against Hims & Hers (“Hims”) illustrates how brand manufacturers may increasingly use patent and regulatory frameworks to challenge the marketing and sale of compounded versions of these products. This case may signal a broader shift in how compounding practices, telehealth platforms and pharmaceutical patent rights intersect.

On Monday, February 9,…
Continue Reading Evolving Legal and Regulatory Considerations for Weight Loss Therapies

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Magnifying glass and wooden blocks with AI chip copyright and justice scale icons representing artificial intelligence copyright ethics and legal regulation concept

More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?”

Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more important, like a pricing model, a customer segmentation strategy, an internal workflow, or a set of prompts that reliably produces good results for the…
Continue Reading Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More

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Submitting a valid trademark application to the United States Patent and Trademark Office is a straightforward process with the right assistance. In general, submitting a successful application to the USPTO to register your trademark requires three central components.

Central Components of Trademark Applications

First, a trademark application requires a detailed description of the trademark. If the trademark is your business or product’s name in standard characters, comprised only of text not in a specific font nor stylized in any…
Continue Reading A Beginner’s Guide to Trademarks, Part 2: USPTO Trademark Application Requirements

What is a Trademark?

A trademark can be any mark representing words, phrases, symbols, designs, or a combination of these that identifies your goods or services. In practice, the most common trademarks are business names and logos. Trademarks accomplish several objectives. They (1) identify the source of your goods or services; (2) provide additional legal protection for your brand; and (3) help to guard against counterfeiting and fraud. Creative and unique trademarks are the most effective in accomplishing these

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Continue Reading A Beginner’s Guide to Trademarks: Part One — Trademark Basics

For our readers that have gone through the process of developing a trademark, you are aware of how hard it can be to come up with a word or a series of words that best identify your brand and embody the goods or services you offer. Let’s now stretch that mental picture a little further: imagine that you finally settle on a trademark after thinking long and hard, but then discover that there is an identical mark out there…
Continue Reading Can I Mix it Up a Little?

Obtaining a United States patent conveys the benefit of a monopoly against others exploiting the patented invention for a limited time: 20 years from the earliest filing date. However, the process for obtaining the patent is time consuming, which can delay issuance of the patent and thereby reduce the amount of time that the patent is enforceable. The process is also expensive in terms of filing fees and attorney fees. Examiner interviews during prosecution provide the opportunity to advance…
Continue Reading Examiner Interviews: Improving Patent Quality While Compressing Prosecution and Reducing Cost