In the world of emerging technology, entrepreneurs and early-stage companies aim for acquisition or IPO. One of the most valuable intangible assets for those companies to achieve successful exits is their intellectual property (IP). Before pursuing an exit, an emerging tech company should conduct thorough IP due diligence to evaluate the strength, value and risks…

From floating infrastructure to biohacking, floating solar farms to AgTech, projects that are first of their kind bring with them exciting opportunities, but also unique legal complexities. In this recent Environmental Law Institute webinar, Maneuvering “Unicorns” – Opportunities and Risks of Unprecedented Projects, GT Environmental Practice Shareholders Jillian C. Kirn and Kerri L. Barsh…

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The search for a vaccine for the COVID-19 strain of coronavirus has put the spotlight once again on the innovative pharmaceuticals sector.  As pharmaceutical companies and innovators across the globe work diligently on a vaccine, many of these companies may be looking to protect their innovation. While patents have many benefits, in the face of a global health emergency, there are some key factors innovators should consider.

Timeline for Patent Registration

Patents can provide broad protection for invention and innovation.  They can also create a significant advantage in the marketplace. However, patent registration takes time and may require significant resources. According to the United States Patent and Trademark Office (USPTO), on average, it takes approximately 22 months to get patent approval.  This period may be shortened by taking advantage of one of the USPTO’s accelerated examination procedures and may be shortened by utilizing the USPTO prioritized examination option, where a final decision on patentability is made within 12 months from the filing date of the patent application.
Continue Reading The Race for a COVID-19 Vaccine is On: Key Factors May Impact Patent Protection

Most of us know that DATA, the beloved android from Star Trek, The Next Generation, is an artificial intelligence (AI) life form from the distant future with a high capacity to problem solve and innovate. But, if DATA were present today and invented a new technology, could he be an inventor on a patent for his invention?

The question of whether AI can legally be an inventor on a patent was recently addressed by the European Patent Office (EPO) and The United Kingdom Intellectual Property Office (UKIPO). The same question is still being evaluated by U.S. Patent and Trademark Office (USPTO) along with solicitation for comments to the patent community.
Continue Reading Could Star Trek’s DATA Be a Patent Inventor?

On Dec. 19, 2019, the Original Grant Patent (OGP) system will launch in Hong Kong Special Administrative Region (SAR). This new system will provide patent applicants an alternate path for seeking patent protection in Hong Kong SAR. The OGP system is a parallel process. The previously available routes for filing a patent application are still…

The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in structuring non-competes that balance their need to attract talent with their need to protect confidential and sensitive information, while preventing unfair competition by former employees.…

This GT Advisory considers the application of state unclaimed property laws to cryptocurrencies, and the potential implications and challenges of such application for both industry participants and state unclaimed property administrators.

The use of blockchain technology and the issuance of cryptocurrencies have grown considerably in recent years, inviting heightened scrutiny and regulation. While federal securities,…

California SB 1001, Cal. Bus. & Prof. Code § 17940, et seq., takes effect July 1, 2019. The law regulates the online use of “bots” – computer programs that interact with a human being and give the appearance of being an actual person – by requiring disclosure when bots are being used.

The law…