In This Section
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.
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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, 2018The economic, health and safety impact of counterfeits is a persistent global problem.
Weaponizing Follow-On Petitions to Defeat IPR Estoppel
Written by Nicholas Marais on November 16, 2018Under §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.
Joint Development and Background Intellectual Property
Written by James Arnold, Jr on November 16, 2018As innocuous as the term “Background IP” may sound, there are potential pitfalls for the drafter of Background IP provisions in Joint Development Agreements (JDAs).
Protection of Patents and Trademarks In the Eurasian Economic Union
Written by Evgeny Alexandrov on November 16, 2018The legal environment on IP protection within the Eurasian Economic Union is quite unified and harmonized with the major International Treaties.
The Abstract Swing
Written by Darin Gibby on November 16, 2018Ever 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, 2018Essentially, 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, 2018The 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, 2018Whenever 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, 2018The 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, 2018As 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.
IP in an Augmented Reality
Written by Brian Wassom on September 24, 2018Augmented reality is poised to be one of the most important media platforms of this generation.