NovoTech Insight

NovoTech Patent Firm Named Legal Insider Award Winner for Emerging Technologies (2025)

NovoTech Patent Firm has been recognized by Legal Insider as the Most Innovative IP Practice for Emerging Technologies…

Why Your Patent Portfolio Isn’t Giving You IP Leverage

Authored by Babak Akhlaghi on February 5, 2026. We all like big numbers. A patent portfolio with hundreds…

Disney’s $1 Billion OpenAI Bet Isn’t About AI—It’s About Survival

Authored by Babak Akhlaghi on January 1, 2026.  When I first heard about Disney's $1 billion investment in…

Apple Bet $634M on a Patent System That No Longer Exists

By Babak Akhlaghi on November 21, 2025. A twenty-six page document just cost Apple $634 million. Think about…

Director Squires Just Closed A Door Nobody Knew Existed

Authored by Babak Akhlaghi on October 25, 2025. Director John Squires made his first move, and most patent…

Big Tech Faces Losing Its Patent Invalidation Playbook

Authored by Babak Akhlaghi on October 17, 2025. The numbers tell a story the USPTO finally decided to…

AI Patent Applications Have a New Secret Weapon

Authored by Babak Akhlaghi on September 19, 2025.   The USPTO's August 2025 memorandum represents a significant shift in…

Patent Challengers Just Hit a Challenging Wall

Authored by Babak Akhlaghi on September 6, 2025.  September 1st marked the end of an era in patent…

How TikTok Users Are Accidentally Building Lululemon’s $Million Design Patent Case

By Babak Akhlaghi on July 6, 2025. Thousands of TikTok users are accidentally building one of the strongest…

The Deliberate Pace of Autonomous Trucking Innovation

By Babak Akhlaghi on July 4, 2025. Growth at all costs is the startup mantra I've never subscribed…

Beyond Application: The New ML Patent Paradigm

Authored by Babak Akhlaghi on May 20, 2025. The recent Recentive v. Fox ruling fundamentally changes how we…

Federal Circuit Rules Applying Conventional Machine Learning to New Data Environments Is Not Patent-Eligible

Authored by Babak Akhlaghi on May 8, 2025. In Recentive Analytics, Inc. v. Fox Corp. et al., Case…

Academic Freedom Under Siege: Intellectual Property at Risk

Authored by Babak Akhlaghi on April 25, 2025. Federal funding has played a critical role in advancing academic…

Unlocking Wealth: Tokenizing Intellectual Property Now

Authored by Babak Akhlaghi on April 12, 2025. One of the fundamental flaws in traditional IP frameworks is…

Defending Your Art From AI Mimicry

Authored by Babak Akhlaghi on April 4, 2025. When OpenAI released an image generation feature capable of producing…

AI Advancements May Soon Diminish the Value of Many Patents

Authored by Babak Akhlaghi on March 28, 2025. I've watched with growing fascination as artificial intelligence transforms nearly…

Building an Unbreakable Tech Patent Portfolio After AliveCor

Authored by Babak Akhlaghi on March 26, 2025. There is no such thing as a truly defensible Tech…

Federal Circuit Backs PTAB in AliveCor v. Apple

Authored by Babak Akhlaghi on March 26, 2025. The Federal Circuit, in the consolidated cases of AliveCor, Inc. v.…

The Future of Chip Manufacturing Innovation

By Babak Akhlaghi on March 14, 2025. I've been watching the semiconductor industry for years, and what’s happening…

Fair Use and the Future of AI Development

By Babak Akhlaghi on February 28, 2025. I have been watching Adobe's "commercially safe" approach to AI with…

AI Innovation Trapped in Patent Purgatory

Authored by Babak Akhlaghi on February 14, 2025. The AI revolution is here, transforming industries at breakneck speed.…

Filing Date Defines Prior Art Status of Published Patent Applications

By Babak Akhlaghi on January 24, 2025. Understanding when a published patent application qualifies as prior art is…

CES 2025 Highlights Quantum Technology Innovations

By Babak Akhlaghi on January 17, 2025. CES 2025 gathered over 141,000 attendees, including leading industry figures, innovators,…

Using Trademarked Names in Google Ads

Authored by Babak Akhlaghi on December 13, 2024. In a recent trademark infringement case, the district court's decision…

Unveiling the Legal Aspects of Trade Secrets

By Babak Akhlaghi on November 3, 2024.  Trade secrets are the lifeblood of many businesses, encompassing everything from…

Misleading Patent Claims: Unmasking False Advertising

Authored by Babak Akhlaghi on October 16, 2024. In a notable clash within the footwear industry, Crocs initiated…

The On-Sale Bar Debate

Authored by Babak Akhlaghi on September 6, 2024.  Celanese International Corporation recently challenged Anhui Jinhe Industrial Co., Ltd.…

Intellectual Property Protection in the Beauty Industry

Authored by Babak Akhlaghi on August 30, 2024, this article delves into how Lashify's revolutionary DIY lash extension…

Federal Circuit’s ODP Clarification: A Guide for a Patent Attorney

Authored by Babak Akhlaghi on August 27, 2024. In the world of patent law, clarity is key. Building…

Patent Litigation Spotlight in Cancer Treatment

By Babak Akhlaghi on August 9, 2024. Patent litigation cases often read like a legal thriller, filled with…

Understanding USPTO Assignment Rules and Regulations

By Babak Akhlaghi on July 28, 2024. Navigating the complexities of intellectual property can be challenging, especially when…

The Future of AI Patents

By Babak Akhlaghi on July 26, 2024. The world of artificial intelligence (AI) is evolving at a rapid…

Understanding the Importance of Freedom to Operate

By Babak Akhlaghi on July 19, 2024.  In the realm of business and innovation, navigating the patent landscape…

Safeguarding Your Idea: Essential Pitching Tips for Success

By Babak Akhlaghi on July 11, 2024.  Pitching an idea can be a thrilling yet daunting task. It's a…

Building a Strong Patent Portfolio Strategy

By Babak Akhlaghi on June 25, 2024. In the competitive business landscape, a robust patent portfolio is a…

Innovative Trends in Unique Design

By Babak Akhlaghi on June 11, 2024. In the ever-evolving world of design, staying ahead of the curve…

Design Patent Success Stories Revealed

By Babak Akhlaghi on June 4, 2024. In the world of innovation, design patents play a crucial role.…

Plant Patents: A Guide for Gardeners

By Babak Akhlaghi on May 30, 2024. In the world of gardening, innovation is key. New plant varieties…

Real-Life Utility Patent Examples Unveiled

By Babak Akhlaghi on May 23, 2024. Navigating the world of patents can be a daunting task for…

Understanding the Basics of Utility Patents

By Babak Akhlaghi on May 10, 2024. Navigating the world of patents can be complex. Especially when it…

Maximizing Your Business with IP Strategy

By Babak Akhlaghi on May 3, 2024. In the competitive business landscape, an effective IP strategy is crucial.…

Understanding the Purpose of Office Actions

By Babak Akhlaghi on April 26, 2024. Navigating the patent application process can be complex. One term you…

Common Mistakes to Avoid in Provisional Patent Applications

By Babak Akhlaghi on April 11, 2024. Navigating the world of patents can be daunting, especially for first-time…

Understanding Patent Marking under 35 U.S.C. § 287

By Babak Akhlaghi on April 4, 2024 Under 35 U.S.C. § 287, often referred to as the patent…

Tips for Filing a Successful Patent Application

By Babak Akhlaghi on April 2, 2024. Filing a patent application can be a complex and daunting process,…

Navigating the USPTO Patent Assignment Search: A Comprehensive Guide

By Babak Akhlaghi on March 28, 2024. The United States Patent and Trademark Office (USPTO) is a pivotal institution…

Understanding Provisional vs. Non-Provisional Patent Applications: A Comprehensive Guide

By Babak Akhlaghi on March 25, 2024. When it comes to securing your intellectual property rights, navigating the…

The Frontier of Innovation: Navigating Blockchain Patents

By Babak Akhlaghi on March 21, 2024. In the rapidly evolving world of technology, blockchain stands out as…

Navigating the World of Patent Auctions

In today's fast-paced and competitive business world, patents are more valuable than ever. They protect a company's intellectual…

Unlocking Opportunities: Your Complete Guide to Buying and Selling Patents Online

In today's dynamic marketplace, the buying and selling of patents represent a pivotal avenue for individuals and companies…

Can You Patent an Algorithm? Understanding the Complexities of Algorithm Patents

By Babak Akhlaghi on March 14, 2024. In today's digital age, algorithms play a crucial role in powering…

What Happens If You Don’t Patent Your Idea?

In the world of innovation and invention, the question of whether to patent an idea is a crucial…

USPTO Updates Guidance on Obviousness Rejection: Flexibility is Key

By Babak Akhlaghi on March 4, 2024. To secure a patent, an invention must be both novel and…

In the World of AI-assisted Innovation, the Human Touch Remains Paramount

By Babak Akhlaghi on February 17, 2024. On October 30, 2023, an Executive Order by President Biden mandated…

“Pre-Prosecution Pilot”

By Babak Akhlaghi on January 5, 2024. On December 21, 2023, The United States Patent and Trademark Office…

Fast-Track Your Semiconductor Innovations with USPTO’s Pilot Program

By Babak Akhlaghi on December 8, 2023. In my previous post, I walked you through the typical journey…

Decoding Reasonable Expectation of Success in Obviousness Determination

By Babak Akhlaghi on November 9, 2023. The Journey of Patentability - Novelty, Non-Obviousness, and the Quest for…

The Patent Term Adjustment Dilemma in an Obviousness-Type Double Patenting Analysis

By Babak Akhlaghi on October 25, 2023. In In re Cellect, LLC, No. 2022-1293 (Fed. Cir. Aug. 28,…

Patent Eligibility and Automation of Manual Processes

By Babak Akhlaghi on October 16, 2023. In PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No.…

When is an Idea too Abstract to Pass the Patent Eligibility Test?

By Babak Akhlaghi on October 4, 2023. In Free Stream Media Corp. v. Alphonso Inc., Case No. 19-1506…

No Magic Word Needed To Determine If The Prior Art And The Patent Are In The Same Field

By Babak Akhlaghi on October 2, 2023. In Netflix, Inc. v. DivX, LLC, Case No. 22-1138 (Fed. Cir.…

Get Your Motorboat Running with this Case regarding Obviousness

By Babak Akhlaghi on September 24, 2023. In Volvo Penta of the Americas, LLC v. Brunswick Corp., Case…

Unraveling the Puzzle of Obviousness: Exploring the Raytheon Techs. Corp. v. General Electric Co. Case

By Babak Akhlaghi on September 1, 2023. In a typical case involving obviousness rejection under 35 U.S.C. §…

Data Compression Claims Deemed Ineligible by Federal Circuit: Impact on Software-Based Inventions

By Babak Akhlaghi on August 28, 20223. The Federal Circuit held that claims directed to digital data compression…

Unveiling the Impact of Optional Language “May” in a Patent Application

By Babak Akhlaghi on August 17, 2023. A Brief Legal History: Understanding Reissue Patents Patent owners have the…

Cracking the Code: Understanding Obviousness Challenges and the Motivation to Combine Prior Art

By Babak Akhlaghi on August 8, 2023. The Federal Circuit reversed the Board’s non-obviousness finding, holding that the…

Transcend Abstract Concepts: A Comprehensive Understanding of Patent Eligibility

By Babak Akhlaghi on July 28, 2023. The Federal Circuit upheld a decision of the district court that…

Co-Inventor’s Triumph: Federal Circuit Affirms Contribution to Hose Patents

By Babak Akhlaghi on July 20, 2023. The Federal Circuit upheld a decision of the district court to…

Joint Inventorship – Understanding the Meat and Potatoes of Invention Contributions

In a reversal of the district court's decision, the Federal Circuit determined that an alleged inventor, who was…

From Lightbulbs to Billions: The Incredible Power of Patents

By Babak Akhlaghi on July 7, 2023. Are you curious about the power of patents? In this video,…

Making Sense of the Patent Eligibility Restoration Act of 2023

By Babak Akhlaghi on June 30, 2023. The Patent Eligibility Restoration Act of 2023 proposes several findings by…

Analogous References: the Same Field or Problem Domain as the Invention

By Babak Akhlaghi on June 16, 2023 The US Court of Appeals for the Federal Circuit has overturned…

Unruly Distribution: Meeting 101 Conditions in Computer-related Claims

In Sanderling Management Ltd. vs. Snap, Inc., the Federal Circuit held that a method for using distribution rules…

The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”

In Salazar v. AT&T Mobility LLC, the Federal Circuit held that the wording “a microprocessor” does not require…

Federal Circuit Affirms Dismissal of Patent Claims Failing Alice Two-Step Test

Hawk Technology Systems, LLC sued Castle Retail, LLC for patent infringement based on Castle Retail’s use of security…

If TikTok Is Banned in the U.S., What Happens to Its Patents?

[video width="1920" height="1080" mp4="https://novotechip.com/wp-content/uploads/2023/03/If-TikTok-Is-Banned-in-the-U.S-1.mp4%22][/video] In this video, we're going to take a look at what would happen if…

USPTO Launches CI2 First-Time Filer Expedited Examination Pilot Program

The U.S. Patent and Trademark Office (USPTO) has introduced a new initiative called the Council for Inclusive Innovation…

Going Green: USPTO Embraces Electronic Patent Grants to Save Paper and Costs

Starting April 18, 2023, the U.S. Patent and Trademark Office (USPTO) will start giving out electronic patent grants…

Navigating Uncharted Waters: Evaluating Patentability in Multiple Dependent Claims

Nested Bean, Inc. (“Petitioner”) filed a Petition (Paper 1, “Pet.”) requesting inter partes review of claims 1-18 of…

IBM Sues Home Search Giant Zillow for Patent Infringement

IBM’s Patent Battle with Zillow: Mapping Out the Limits of Eligible Subject Matter

Executive Summary IBM owns a patent (“‘789 patent”) for a method of selecting an area on a map…

Inventors Under the Patent Act

In Thaler v. United States Patent and Trademark Office, the Federal Circuit affirmed the lower court's ruling that…

USPTO Eliminates Voluntary CLE Certification for Patent Practitioners – What You Need to Know

The United States Patent and Trademark Office (USPTO) has announced a final rule that eliminates the existing provisions…

Unlock the Power of Your Intellectual Property with the USPTO’s New IP Identifier Tool

The United States Patent and Trademark Office (USPTO) recently announced the launch of its new Intellectual Property (IP)…

Disclaimer Don’t Stick in an IPR

CUPP Computing AS (“CUPP”) appeals three inter partes review (“IPR”) decisions of the Patent Trial and Appeal Board…

Common Law Collateral Estoppel Applies to Board’s decisions

In SYNQOR, INC., v. VICOR CORPORATION, No. 19-1704 (Feb. 22, 2021), the Court held that common law collateral…

The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”

In MOJAVE DESERT HOLDINGS, LLC, v. CROCS, INC., No. 20-1167 (Feb. 18, 2021), the Court upheld the Board’s…

Happy New Year!

Wishing you all happy holidays and a healthy new year!

Introduction to Intellectual Property Rights – Part 1

In this video, we’re going to provide a brief introduction to intellectual property rights with a particular focus…

Hats off to the American inventor, Mr. Garrett Brown

Hats off to the American inventor, Mr. Garrett Brown, for inventing Steadicam (below left) more than 40 years…

USPS Seeks a Patent for a Blockchain-Based Mail-in Voting System

The United States Postal Service (“USPS”) is seeking a patent protection for a more secure vote by mail…

$1.9 Billion Patent Judgment

In Centripetal Networks, Inc.  v. Cisco Systems, Inc., No. 2:18cv94 (District Ct., October 5, 2020), the US District…

One Key Lesson from Dropbox Losing on 3 Key Patents

In Dropbox Inc., Ornicus Holdings, LLC v. Synchronoss Technologies, Inc., No. 19-1765 (Fed. Cir., Jun 19, 2020), the…

Congratulations to 2020 Patents for Humanity Winners!

Today, the United States Patent and Trademark Office announced the 2020 Patents for Humanity winners. These are innovators…

Claims Directed to a Network Packet Monitor Held Patent Eligible

In Packet Intelligence LLC v. Netscout Systems, Inc., No. 19-2041 (Fed. Cir., July 14, 2020) the U.S. Court…

An Artificial Intelligence (AI) System Is Not Eligible to be an Inventor

On April 22, 2020 the US Patent and Trademark Office ruled that Artificial Intelligence (AI) systems are not…

A Broad Claim Directed to an Addition of a Data Field to a Communication Message Held Patent Eligible

In Uniloc USA, INC. v. LG Electronics USA, INC., No. 19-1835 (Fed. Cir., April 30, 2020), the U.S.…

My Chat with the Board – “Fast-Track Appeals Pilot Program”

The “Fast-Track Appeals Pilot Program” (“the Program”) became effective on July 2, 2020.  I had a chat with…

Assignment of Intellectual Property From Employee (“Assignor”) To Employer (“Assignee”)

One of the most important assets of a business is its intellectual property ("IP").  As a business owner,…

USPTO Report: Increasing Participation of Women in the U.S. Innovation Ecosystem

Today's USPTO report provides insights into the participation of women in the U.S. innovation ecosystem.  It specifically shows…

Wishing you all a very happy 4th of July!

Patent Alert: USPTO announces Fast-Track Appeals Pilot Program

By: Babak Akhlaghi - The United States Patent and Trademark Office (“USPTO”) today announced plans for the Patent…

Patent Alert: Revised Manual of Patent Examining Procedure

By: Babak AkhlaghiJune 30, 2020 On June 30, the USPTO revised the ninth edition of the Manual of…

How to Patent an Idea?

By: Babak AkhlaghiJune 29, 2020 In this article, we will focus on how to patent an idea. The…

June 25: Free webinar on oral advocacy before the PTAB

Interested in fine tuning your oral advocacy skills before the PTAB? The webinar tomorrow looks like a great…

COVID-19 Prioritized Examination Pilot Program

On May 18, 2020, the United States Patent and Trademark Office (USPTO) provided additional guidelines for using the…

Patent Applications Handbook, 2020 Edition

The long wait is over!  2020 Edition of our Patent Applications Handbook is out.  This handbook provides guidance…

Patent Alert: USPTO launches a web-based marketplace platform to enable commercialization of US issued patents

On May 4, 2020, the United States Patent and Trademark Office (USPTO) launched a web-based marketplace platform, Patents…

Computer System Including Dedicated Hardware for Advertising Held Patent Ineligible

On March 6, 2020 the US Court of Appeals upheld a USPTO Patent Trial and Appeal Board finding…

Does licensing of your invention trigger an on-sale bar?

April 26, 2020 Does licensing of your invention trigger an on-sale bar?  The short answer is no.  The…

USPTO releases report on patent examination outcomes after the Supreme Court’s Alice decision

Today, USPTO released a report showing the outcome of its 2019 patent eligibility guidelines. The report shows a…

USPTO Clarifies Relief Provided under CARE Act

USPTO provides additional guidance for taking advantage of the patent related deadline extension available under CARE Act.  To…

NovoTech Cares: We’re Supporting Small Businesses During COVID-19

Small businesses are suffering significantly, but should not be forced to compromise their intellectual property as a result…

USPTO announces extension of certain patent deadlines under CARE Act

USPTO is providing much needed relief to the patent applicants affected by the coronavirus. The relief includes extension…

Introduction to the U.S. Patent System

This article provides a brief introduction to the U.S. patent system. It covers various stages involved in obtaining a…

USPTO Clarifies Rules for Reviving Abandoned Patent Applications

A patent application may go abandoned for failure to timely respond to a communication from the United States…

Patent Alert: USPTO Coronavirus Relief

The #USPTO has provided relief for #patent applicants affected by the Coronavirus outbreak.  The relief includes a waiver…

Patent Alert

Effective 3/1 USPTO PCT International search fee increases from $1,016 to $1,036

Patent Procurement in 2019: Observations by an Outside Counsel

The foregoing are my takeaways from 2019.  I hope you find them helpful. 101 Rejections post 2019 USPTO…

PTAB on Patent-Eligible Subject Matter

Practice Note:  For patent-eligible subject matter, when drafting claims focus on the technical element achieving the technical solution. …

Software patent claims directed towards data transmission error checking are patent-eligible

On Nov. 15, 2019, the Federal Circuit reversed the decision of the District Court in Koninklijke KPN N.V.…

Patent Typos Can be Fatal!

Practice Note: This case goes on to show that everything we say in a patent application can and…

Persian Women in Tech Austin

Congrats to our colleague and friend Mrs. Azadeh Khadem on having been selected to be among the esteemed…

My takeaways from the USPTO’s Forum on Brand Protection and Anti-Counterfeiting Strategies

Can you spot the fake? Can you spot the fake? The Forum on Brand Protection and Anti-Counterfeiting Strategies…

A conversation with Vint Cerf – May 23, 2019

"One of the 'fathers of the internet,' Vinton G. Cerf is the co-designer of the TCP/IP protocols and…

Firm’s Director, Babak Akhlaghi, Nominated to Super Lawyers for 2019

USPTO Welcomes Back Software Innovations with its New 101 Guidelines.

The new guidelines are very favorable to patent applicants. In my practice, I am seeing many Examiners withdrawing…

Recent Treatments of 101 by Examiners

I am pleased with the results I am seeing from the Examiners at the USPTO on dealing with…

2019 Revised Patent Subject Matter Eligibility Test

The United States patent system was established by the U.S. Constitution (Article 1, Section 8).  The laws governing…

“SECRET SALES” CAN INVALIDATE A PATENT

After a U.S. patent application is filed, it will be evaluated by an administrator for classification of the…

NovoTech Patent Firm Snags Stephen Becker as a new Director

We are excited to announce that Stephen (Steve) Becker has joined NovoTech Patent Firm as of January 1,…

The importance of an IP Clause for every Startup

Often, the most valuable asset of a startup company is its Intellectual Property (“IP”). The IP gives the…

Post-Prosecution Pilot (P3) Program, A New Strategy for Responding to a Final Rejection of a Patent Application

It is common for a U.S. patent application to see a Final Office Action during the course of…

Enfish v. Microsoft

Practice Note: Recent Supreme Court decisions have made patenting software related innovations more and more challenging.  It is…

The Fate of Patents After Brexit

The Brexit vote will have a severe impact on many treaties, thankfully, the impact on the European Patent…

Supreme Court Ruling on AIA-POST Grant Proceedings

On June 20, 2016, the Supreme Court finally put to the rest the question of whether or not…

10 Dos & Don’ts in Negotiating a Commercial Lease for Startups

Dos: Do identify the strength of your leverage (e.g., well-funded, good investor, low occupancy rate) before starting the…

World Bank Workshop – Structuring and Launching your Entrepreneurial Business

Come join us at the World Bank today for the Structuring and Launching your Entrepreneurial Business workshop!   Babak…

University of Maryland 5th Annual ECEGSA Industrial Career Panel

Mr. Akhlaghi was honored to be a panelist for the electrical and computer engineering graduate students at University…

Welcome Laurence Stein!

Laurence is an intellectual property attorney at NovoTech Patent Firm and is based in the Firm’s Washington, D.C.,…

Invitation to Speak at the United Nations in Germany

Congratulations to Babak Akhlaghi for being invited to the United Nations Conference Center in Berlin, Germany.  He will…

Supreme Court granted certiorari on triple damages on patent cases

The U.S. Supreme Court agreed to consider whether a $70 million jury award that Stryker Corp. won against…

Welcome Azadeh Khadem!

Azadeh Khadem joins us as an of counsel patent attorney, concentrating her practice on patent preparation and prosecution,…

In honor of Amazon Prime Day…

Finger print or face recognition to unlock your smartphone?  Sure, they seem to be some of the more…

Williamson v. Citrix Online

In Williamson v. Citrix Online, LLC, the Federal Circuit found that the omission of the word "means" does…

Kickstarter Wins it’s First Patent Case

Judge Katherine Failla of the Southern District of New York ruled in favor of Kickstarter that the US…

Collecting Royalties for Patents After They Expire

Patents usually expire 20 years after the date they were filed.   Why is this important to know?  Good…

Our DC office has officially opened!

NovoTech Patent Firm has officially opened our Washington, DC office.  Located blocks from the White House, we have…