Innovate Magazine

Innovate is a special compendium of articles written by and for AIPLA members. Designed as an online publication, INNOVATE features magazine-like articles of 500-1,500 words in length on a wide variety of topics in IP law today.

Any current AIPLA member in good standing may submit an article for inclusion in INNOVATE throughout the year. IP law students, in particular, are strongly encouraged to submit articles for publication. 

An ad-hoc sub-committee comprised of volunteers from AIPLA's Special Committee on Publications, the Fellows Committee, and others will review and edit submitted articles prior to publication. View our submission guidelines.

Don't miss this opportunity to be recognized by your peers as a thought leader! 



Innovate Articles


  • Jessica Patterson USPTO’s Work Sharing Efforts: Increasing Certainty of IP Rights While Reducing Stakeholder Costs

    Written by Jessica Patterson on March 5, 2019

    The United States Patent and Trademark Office (USPTO) established the Office of International Patent Cooperation (OIPC) in 2014 to support and improve the international patent system. The office leads efforts to assist U.S. inventors and businesses in protecting their patent rights worldwide and supports the global innovation community.
  • Hill & Pate Avoiding Confusion of Phosita

    Written by Gordon K. Hill and A. John (Jack) Pate on March 5, 2019

    A major confusion persists in applying patent law, exhibited by judges, attorneys, and scholars alike. This confusion is based on the conflation of a totally hypothetical, legal construct with an actual human being.
  • Matthew Moldovanyi So, When Can I Start Selling My Idea?

    Written by Matthew Moldovanyi on March 5, 2019

    Did the Leahy-Smith America Invents Act (AIA) change when a sale becomes a sale? Prior to the AIA, under U.S. patent law a person was entitled to obtain a patent unless the invention was “on sale in this country, more than one year prior to the date of the application for patent in the United States.”
  • Francesca Rodriguez Spinelli CHILE: Bill seeks to intervene in the commercialization of pharmaceuticals drugs.

    Written by Francesca Rodriguez Spinelli on March 5, 2019

    The Chilean Congress is currently discussing the so-called Bill “Drugs II” (2015), which seeks to amend the Health Code (1967) and update the regulations concerning bioequivalence, while preventing the vertical integration between pharmacies and pharmaceutical laboratories.
  • Gladys Mirandah The Patent Landscape for Autonomous Vehicles in Singapore

    Written by Gladys Mirandah on March 5, 2019

    Self-driving or Autonomous Vehicles (“AV”) are set to be a reality, and no longer the stuff of science fiction. In Singapore, pilot trials are ongoing at the one-north district, a business park located in Queenstown, an area recognized for innovation, with the likes of Exploit Technologies (the commercialization arm of the government body Agency for Science, Technology and Research) and NUS Enterprise based there.
  • Osipov_photo square Pharmaceutical Patents In Russia

    Written by Kirill Osipov on March 5, 2019

    The imposition of sanctions by Western countries has affected Russia’s economy and compelled Russian officials to support domestic manufactures to promote their products. Nevertheless, Intellectual Property rights are respected in modern Russia, which results in an incessant search for an optimal balance of interests.
  • David Fortunato Practical Tips For Protecting Your "Secret Sauce"

    Written by David M. Fortunato on March 5, 2019

    How do you compete? Certainly, you compete by doing things better, faster and cheaper. You compete by offering goods/services that are superior to your competition. You compete through continuous improvement. Yet asking “How do you compete” begs another question – Are you using every tool, resource, etc. at your disposal to improve your competitive stance?
  • DeWitty head shot How much is that trademark worth online? A Model for Valuing a Trademark’s Ad Positional Right

    Written by Robert M. DeWitty on March 5, 2019

    Many trademark owners are not aware that their trademarks (or “marks”) possess value as keyword search terms (or “keywords”). Unawareness by trademark owners juxtaposed against high online advertising revenues, valued at over US$30 billion in 2017, means many trademarks are being undervalued in the marketplace.
  • Jim Moeller Programmatic Patent Searches Using Google’s BigQuery & Public Patent Data

    Written by James H. Moeller on March 5, 2019

    Google’s combination of its BigQuery data warehouse service along with its public patent datasets is providing a new type of patent information resource that’s better positioned for the growing trend of integrating patent information together with data science programmatic analysis for more customized solutions by data-savvy practitioners.
  • Young & Sawicki The DNA of an NDA

    Written by James L. Young & Z. Peter Sawicki on March 1, 2019

    Recently, the acronym NDA (non-disclosure agreement) has been tossed around in the news and in some highly publicized settlement agreements both political and otherwise. Such agreements to keep information secret in a business setting are common and may come in many forms.
  • Stephen Janoski Another Record Year for Seizures of Knock-Offs Entering the US, And How to Try to Stop More Knock-Offs

    Written by Stephen G. Janoski on November 16, 2018

    The economic, health and safety impact of counterfeits is a persistent global problem.
  • Nic Marais Weaponizing Follow-On Petitions to Defeat IPR Estoppel

    Written by Nicholas Marais on November 16, 2018

    Under §315(e), a petitioner is estopped from bringing a claim before the PTAB or district court that it “raised or reasonably could have raised” during a previous inter partes review. Now, under General Plastic, the PTAB may also deny a claim when the seven-factor test is met.
  • James Arnold Jr Joint Development and Background Intellectual Property

    Written by James Arnold, Jr on November 16, 2018

    As innocuous as the term “Background IP” may sound, there are potential pitfalls for the drafter of Background IP provisions in Joint Development Agreements (JDAs).
  • Evgeny Alexandrov Protection of Patents and Trademarks In the Eurasian Economic Union

    Written by Evgeny Alexandrov on November 16, 2018

    The legal environment on IP protection within the Eurasian Economic Union is quite unified and harmonized with the major International Treaties.
  • Darin Gibby The Abstract Swing

    Written by Darin Gibby on November 16, 2018

    Ever since the Supreme Court’s decision in Alice, patent applicants have been befuddled with the concept of an abstract idea.
  • Specimens: The Key to Strong Trademark Protection

    Written by Heather Bowen on September 24, 2018

    Essentially, submitting trademark specimen minimizes the chances that another company will assert the same mark for its company.
  • A Review of the Mexican Linkage System

    Written by Mariana Gonzalez-Vargas on September 24, 2018

    The main purpose of the Mexican Linkage System is to improve communication between the Mexican Patent & Trademark Office (IMPI) and the Mexican Federal Commission for the Protection against Sanitary Risk (COFEPRIS), in order to prevent issuance of marketing authorizations for generic versions of patented pharmaceutical drugs.
  • Copyright Ownership: A Mere Handshake Isn't Good Enough

    Written by Peter Sawicki, Amanda Prose, and Jim Young on September 24, 2018

    Whenever a company arranges for non-employees to design, build and/or implement creative activities for the company, it is imperative that appropriate contractual safeguards be in place to make certain that the company owns the copyrights in the works it has purchased.
  • Eleven Tips to Securing Software-Related Patent Protection Post-Alice

    Written by Katie Bates and David Cornett on September 24, 2018

    The years since Alice have taught us some important strategies for continuing to obtain utility patent protection for software-related inventions.
  • Making 3D Printing Eco-Friendly: A Potential Opportunity for Patent Protection

    Written by Meggan Duffy and Dan Chavka on September 24, 2018

    As 3D printing becomes more commonplace, some have begun to question whether it is any more environmentally friendly than the conventional manufacturing processes it seeks to replace.
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