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.



  • 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.
  • Dr. Mohan Dewan Headshot square Sankalp Rehabilitation Trust V Hoffman La Roche: A Case Revisited

    Written by Dr. Mohaan R. Dewan on March 15, 2021

    Section 8 of the Indian Patents Act mandates applicant(s) filing an application for a patent in India to furnish information pertaining to patent applications filed in ‘any country outside India’ for ‘the same or substantially the same invention’ filed in India.
  • Randi Karpinia headshot square Intellectual Property Rights of Artificial Intelligence Inventors

    Written by Randi L. Karpinia, esq. on November 20, 2020

    On April 27, 2020 the United States Patent and Trademark Office (“USPTO”) published a decision declining to extend patent inventorship to an Artificial Intelligence (“AI”) named DABUS. The decision found that the application did not name an “inventor.”
  • Dr. Mohan Dewan Headshot square With Great Popularity, Comes Great Responsibility

    Written by Dr. Mohan Dewan on November 20, 2020

    Endorsement, in a matter of speaking, is a strategic method of influencing the minds of consumers. A brand owner typically approaches an influential figure to act as a brand ambassador, generally an exclusive brand ambassador for a limited period of time in exchange for a fee. The brand owner then publicizes videos, images and statements of the celebrity/public figure, to promote the brand owner’s products/services. The endorsement gives an impression that the celebrity is certifying (endorsing) the claims made by the brand owner in respect of the products/services. There is an implied connection, that the celebrity, has himself/herself used the product or has availed of the services and approves of or is satisfied with them. This is the subliminal message conveyed by the endorsement.
  • Lee Dustin Headshot 100.100 Are there Multiple Experimental Use Standards?

    Written by Dustin Lee on November 20, 2020

    Researchers and physicians are often the greatest sources of both excitement and pain for in-house patent counsel—they zealously create inventions that save lives and improve quality of living; inventions that inspire admiration. But those same researchers and physicians can inadvertently destroy patentability through uncoordinated testing.
  • Dr. Rajeshkumar Acharya headshot square The Global Significance of India’s Pharmaceutical Patent Laws

    Written by Dr. Rajeshkumar Acharya on November 20, 2020

    Patents are one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. Significant changes to India’s patent system occurred after India signed the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995.
  • diversity 100x100 (1) Inclusion Matters, Now More Than Ever: Practical Suggestions for Making a Difference

    Written by Elaine Herrmann Blais, Carrie Gilman, Justine A. Gozzi, Dara M. Kendall, Daphne Lainson, Sheila Martinez-Lemke, Jeremy McKown, and Jason Murata on July 10, 2020

    You know that feeling when you finally finish a task … then circumstances change … and you realize the job is not done? That is what happened in preparing this article. In the midst of workplace changes due to the COVID-19 global pandemic, we prepared a summary of some good practices for maintaining and making further progress in promoting Diversity, Equity, and Inclusion (DEI) even in the toughest times, and useful tips for fostering inclusive work environments in a virtual setting.
  • Kudoyar Olga Headshot square 100x100 Ukraine: Changes Concerning Customs Enforcement of IP Rights

    Written by Olga Kudoyar on July 10, 2020

    The amendments to Ukraine’s Customs Code related to customs enforcement of intellectual property rights entered into force on November 14, 2019.
  • H Lutz - Headshot square100x100 Federal Circuit Holds that Multiple Colors on Product Packaging Can Be a Trademark without Evidence of Acquired Distinctiveness

    Written by Hannah Lutz on July 10, 2020

    Setting up a possible showdown at the Supreme Court, the U.S. Court of Appeals for the Federal Circuit recently ruled on a matter of first impression: whether a mark on product packaging consisting of multiple colors unbound by any peripheral shape can be considered inherently distinctive and therefore registered without evidence that it has acquired distinctiveness (i.e., secondary meaning as an indicator of the source of the product).
  • Huang George  headshot Patent Eligibility of AI Technology Inventions in Taiwan and Analysis of Filing Strategies

    Written by George J. H. Huang on July 10, 2020

    With the continuous development of artificial intelligence (AI) technology, the number of AI-related invention patent applications is increasing rapidly. However, given that AI-related technology is easily to be deemed as an “abstract idea” and lack of technical character, how to write patent eligible AI-related patent applications has become an important issue.
  • Pak Mayya Headshot square 100x100 Eurasian Patent Organization to Introduce Eurasian Design Patents

    Written by Mayya Pak on July 10, 2020

    On September 9, 2019, the Eurasian Patent Organization (EAPO) member states adopted the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, introducing the Eurasian system of protection for industrial design patents, along with the already existing regional protection for inventions.
  • Kudoyar Olga Headshot square 100x100 Ukraine Amends GI Law

    Written by Olga Kudoyar on July 10, 2020

    Amendments to the Ukrainian Law on Geographical Indications were adopted on September 20, 2019 and entered into force on January 1, 2020. The changes brought the Ukrainian law in line with Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
  • Bowen Heather Headshot 100.140 Trademark Due Diligence In M&A Transactions

    Written by Heather Bowen on April 20, 2020

    Trademarks have particularly high intrinsic and extrinsic values to entities. Because of that, attorneys must be vigilant in their due diligence review of trademark portfolios when clients enter into a merger with or acquisition of another entity.
  • COURAGE Noel headshot 100.143 Risk of Electronic Device Search For Patent Attorneys and Inventors Crossing the US-Canada Border with Confidential Information

    Written by Noel Courage on April 20, 2020

    This article will discuss the broad powers of search of electronic devices held by US and Canadian border officials.



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