INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.



  • Patenting Taylor Swift

    Written by Tom Waters on June 21, 2023

    Taylor Swift had a good year in 2022. She dropped a new album and completely took over Billboard’s Top Ten list, the first artist in history to do so. She followed that by announcing a new world tour for 2023, the first in five years, (though Ticketmaster bungled the ticket sales). Still, a very good year. So good, she was almost patented.
  • I Know it When I Label It: Artificial Intelligence as a Solution to Unpredictable Musical Copyright Litigation

    Written by Angelyn Gemmen & S. Sean Tu on June 21, 2023

    This article suggests that artificial intelligence may help define the current test for copyright infringement. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties’ works are “substantially similar” to each other. The “substantial similarity” test has been criticized due to its inconsistent nature. Using an AI algorthim to help determine substantial similarity could allow stakeholders to predictably establish copyright infringement. AI would provide a means of determining substantial similarity that is less biased and more fact driven while giving artists the ability to check if their work could be infringing before releasing it to the public.
  • Prosecution History Estoppel: Differences in Regulations between U.S., China, and Taiwan and Suggested Strategies

    Written by George Jui-Hsien Huang on June 21, 2023

    While prosecution history estoppel (“PHE”) is common in patent infringement litigation in many countries, each country has different regulations and court practices in regard to claim interpretation in view of the prosecution history, limitations of PHE on the doctrine of equivalents (“DOE”), and the effects of the prosecution history of related cases, etc. We discuss in this article how PHE operates and how it is applied in the U.S., China, and Taiwan, and offer our suggestions.
  • The Quantum Frontier: Disrupting AI and Igniting a Patent Race

    Written by Diego F. Freire on June 21, 2023

    The contemporary computer processor — at only half the size of a penny — possesses the extraordinary capacity to carry out 11 trillion operations per second, with the assistance of an impressive assembly of 16 billion transistors[1]. This feat starkly contrasts the early days of transistor-based machines, such as the Manchester Transistor Computer, which had an estimated 100,000 operations per second, using 92 transistors and having a dimension of a large refrigerator.
  • IP Aspects of Augmented Reality and Virtual Reality Technologies

    Written by Ryan N. Phelan, Barrett Spraggins, David Pointer, & George Raynal on June 21, 2023

    Presented during AIPLA’s 2022 Annual Meeting to the Augmented Reality/Virtual Reality Subcommittee.
  • Four U.S. Utility Patent Infringement Defenses the Average Bear Overlooks

    Written by John D. Vandenberg on January 13, 2023

    What’s better than winning a patent lawsuit for an accused infringer? Winning on a theory the average bear patent litigator would have missed!
  • IP in Russia: “dura lex, sed lex” is still

    Written by Kirill Osipov on January 13, 2023

    The author describes how Russian courts are treating IP rights of foreign entities and concludes that the current political climate has not affected how those IP rights are enforced.
  • The International Trade Commission, Though Designed to Protect Domestic Industry, Frequently Threatens It

    Written by Joe Galvin on January 13, 2023

    The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate whether goods are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that infringes U.S. intellectual property rights, including patents. Section 337 can therefore be a useful tool for protecting American industry against infringing imports. But, increasingly, the ITC has become a means for certain non-practicing entities (or “NPEs”), often referred to as “patent trolls,” to exploit the ITC for financial gain—and to do so in a way that perversely threatens the very domestic industry the ITC was designed to protect.
  • IP Deadlines under Martial Law in Ukraine

    Written by Slobodan Petosevic on January 13, 2023

    Until early April 2022 it was not clear exactly how IP deadlines would be affected by the martial law in Ukraine. The martial law, which was first introduced in Ukraine on February 24, 2022, has been extended several times and remains effective as of the writing of this article.
  • How to Invalidate a Patent in Ukraine – a Quick Guide

    Written by Taras Manolov on June 7, 2022

    The amendments to the Ukrainian Patent Law, effective as of August 16, 2020, introduced new administrative procedures which allow third parties to invalidate patents and utility models.
  • Should a PHOSITA be defined by the specification or by the claims?

    Written by Pu-Cheng (Leo) Huang on June 7, 2022

    An inventor cannot obtain a patent for an invention that is obvious to a “person having skill in the art” (“PHOSITA”) but courts continue to struggle with the question of whether the relevant person should be identified in light of the invention disclosed in the specification or the invention claimed. In a recent IPR decision, the PTAB adopted the former approach. Axonics Modulation Technologies, Inc. v. Medtronic, Inc., IPR2020-00715, (PTAB Sep. 13, 2021). However, the Supreme Court and the MPEP suggested that “it is to the claims of every patent that we must turn when we are seeking to determine what the invention is.” This Article considers the PTAB’s analysis and suggests the claims should be the proper measure for determining who is a PHOSITA.
  • Entering the National Phase of Patent Applications in India under the Patent Cooperation Treaty

    Written by Dr. Mohaan Dewan on June 7, 2022

    The Patent Cooperation Treaty (PCT), administered by the International Bureau (IB) of the World Intellectual Property Organization (WIPO), assists applicants in seeking patent protection for an invention simultaneously in a large number of countries by filing a single “international” (or “PCT”) patent application, and complying with the PCT formality requirements and procedures. This phase is termed the “international” phase. The granting of patents remains under the control of the national or regional patent Offices in what is termed the “national phase.” For obtaining patent protection in India, applicants need to enter the PCT national phase in India by complying with the specific provisions of the Indian Patents Act. Unlike most jurisdictions, the Indian Patent Office (IPO) does not allow any amendments at the time of national phase entry. Although amendments may be made after the national phase entry, there are limitations on the types of amendments that are allowed.
  • Strategies in Response to Patent Eligibility Requirements for Computer Software Patents in the United States, Taiwan, Japan, China and Europe

    Written by George Huang on June 7, 2022

    Eligibility is the first challenge applicants would face during patent prosecution, especially for a computer software related application. While there is little difference in the majority of patent regulations among each jurisdiction due to international harmonization, significant differences exist regarding eligibility of computer software related applications. This article describes computer software patent eligibility requirements for TIPO, JPO, USPTO, CNIPA and EPO, analyzes and compares examination in each office using a single case example, and discusses corresponding prosecution strategies.
  • Austen Zuege Headshot 100.100  v11 Copyright Pitfalls

    Written by Austen Zuege on October 21, 2021

    Mark Twain observed that “[o]nly one thing is impossible for God: to find any sense in any copyright law on the planet.” From the standpoint of individuals and small businesses, Twain’s observation might ring true.
  • Dr. Mohan Dewan Headshot 100.100 v11 The DAPA Saga in the Indian Courts

    Written by Dr Mohaan Dewan on October 21, 2021

    A decision handed down in July 2021, in the DAPA saga, by the Divisional Bench of the Delhi High Court, had some thought-provoking observations.
  • Phil Green Headshot 100.100  v11 How to Obtain IP insurance for Clients or How to Watch Your Client's Back

    Written by Phil Green on October 21, 2021

    Picture your client telling you that his or her company received a cease and desist letter and was then served with a lawsuit for infringement. As a conscientious attorney, the first thing you do is to check the IP insurance policy but you discover that your client decided to save money by not purchasing a policy at all.
  • Amrita Singh Headshot square 100.100 v10 A Pandemic Lockdown, Misplaced Mail, and a Limitation Claim Denied…

    Written by Amrita V. Singh on March 15, 2021

    This article reviews the first reported decision of the Federal Court on whether the Canadian Federal Government’s Time Limits and Other Periods Act (COVID-19) legislation (“TLOPA Act”) extends the time limits set out in the Patented Medicines (Notice of Compliance) Regulations (“NOC Regulations”).
  • Renee Shaw Headshot square 100.100  v10 Recognizing 35 U.S.C.101, 102, 103, and 112 in Jurassic Park

    Written by Renee Shaw on March 15, 2021

    2020 marked the 30th Anniversary of Michael Creighton's epic novel Jurassic Park. This book directed the trajectory of my first career as a technical research specialist and my current pursuit of intellectual property licensing professional.
  • George Huang Headshot 100.100 v10 Trends, Developments, and Filing Strategies of AI Medical Patents in Taiwan

    Written by George Jui-Hsien Huang on March 15, 2021

    The use of artificial intelligence (AI) technology has been booming all around the world. The increased use of AI is reflected in an exponentially growing number of AI related patent applications according to the World Intellectual Property Organization (WIPO)
  • Olga Strokova Headshot 100.100 v102 Patents for Antibodies in Russia: Make your Protection Stronger

    Written by Olga Strokova on March 15, 2021

    Antibody-based drugs are among the widest-selling in the world. They are being used to treat a widening range of conditions and their significance and value in treating cancer continues to grow. Accordingly, this makes them an indispensable component of the pharmaceutical industry; and it also means that their protection through invention [i.e. utility] patents is absolutely essential.



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October 27, 2023

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