NEWS & UPDATES
Defining the "Something More": How In re Desjardins and the "SMED" Memo Reshape AI Eligibility
For over a decade, the patent eligibility of software and artificial intelligence has been haunted by the vague requirement of Alice Corp.: to demonstrate that a claim contains "something more" than an abstract idea. On December 4, 2025, USPTO Director John A. Squires provided the definitive answer to what that "something more" actually looks like, codifying the recent decision in In re Desjardins as the binding framework for the future of AI prosecution.
Revised Inventorship Guidance for AI-Assisted Inventions: A New Direction from the USPTO
The United States Patent and Trademark Office (USPTO) published its Revised Inventorship Guidance for AI-Assisted Inventions on November 28, 2025, immediately rescinding in its entirety the guidance issued under the previous administration, and creating uncertainty concerning the patentability of at least some AI-assisted inventions.
Modular Prompting: Building Reliable AI Workflows for Legal Practice
The question practitioners face is not whether to adopt AI, but how to adopt it in ways that acknowledge its fundamental limitations while capturing genuine value—and the answer lies in modular prompting, a framework for building reliable, repeatable workflows that constrain AI’s outputs and improve consistency across time.
2026 Patent Fee Schedule: New Service for AI-Assisted Applications
We have updated our Patent Fee Schedule for 2026 with a new offering for early-stage companies: professional preparation assistance and filing of a US Provisional Patent Application for inventors who would like to generate their own application draft using a generative-AI tool like Idea Clerk.
AI and Energy Consumption
Construction scaffolding represents an expensive paradox: temporary metal frameworks that consume materials and labor, only to be dismantled once the permanent building stands complete. Today's large language models present a strikingly similar contradiction—computationally profligate systems whose greatest value may lie in designing their own elegant replacements.
A Measured Approach to Generative AI Tools For Intellectual Property Protection and Management
While there is no doubt that generative AI will change the manner in which almost all aspects of the law are practiced, reports of the death of jobs in the patent industry due to AI tools are greatly exaggerated.
Protecting the Data Advantage: Why Trade Secrets Programs Are Essential for Data-Driven Technology Companies
Data-driven technology companies face a critical risk shift as they mature—from proving market value to protecting their innovations from competitors—making trade secrets programs essential for safeguarding the proprietary data sources, AI methodologies, and analytical processes that drive their competitive advantage in the $14.4 billion data monetization market.
Navigating Intellectual Property Protection in the Evolving AI Landscape
The complex and fast-moving nature of AI development creates challenges for IP protection, particularly if legal advisors lack a solid understanding of the underlying technology.
Why Trade Secrets May Be The Most Important Form Of IP For AI Innovation
AI innovations are often best protected as trade secrets, since their most valuable components—like proprietary algorithms and data—are hidden from users and competitors, offering long-lasting protection without public disclosure. While patents still play a role, the confidential nature and rapid evolution of AI make trade secret protection a more strategic choice for many technology companies.
Some More Thoughts On “AI”
Fresh from the HumanX Conference, I found AI’s rapid rise outpacing practical use. While hype persists, bold predictions—like a future run by bi-pedal robots—seem unrealistic. As AI matures, its true impact remains to be seen.
What do you mean, what do you mean? Artificial intelligence word soup
The rapid rise of generative AI has led to confusion around key terms like "AI," "machine learning," "agents," and "wrappers," which are often used incorrectly. This lack of precise language creates challenges in explaining AI projects to investors, clients, and even within the tech community. In this post, we discuss the importance of establishing clear, standardized terminology to improve communication and foster better understanding of AI innovations.
Esplin & Associates Launches AI-Powered Patent Preparation
Esplin & Associates is proud to introduce its AI-powered patent preparation service, offering a cutting-edge solution that enhances efficiency while maintaining the highest legal standards. This innovative service combines advanced AI tools with the firm's legal expertise, enabling tech companies to streamline their patent drafting process and gain a competitive edge in protecting intellectual property.
The Untapped Power of AI-Generated Patent Applications in Standards Essential Patents
Standards Essential Patents (SEPs) are vital in industries like telecommunications and consumer electronics, where companies race to secure patents essential to industry standards. The traditional patent drafting process can be slow and costly, creating a bottleneck in filing SEPs. However, AI-generated patent applications offer a solution by accelerating the drafting process, reducing costs, and increasing scalability. This technology enables companies to file patents quickly and efficiently, providing a competitive edge in the fast-moving world of standards. AI’s speed and precision make it a game-changer for building SEP portfolios.