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2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses

Written By Erica B. E. Rogers

Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) enacted a new trademark fee structure that affects fast-paced industries more than others, most notably, the hemp and cannabidiol ("CBD") in…

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First-to-File: A Game-Changer in US Patent Law

Written By Ryan K. Simmons

The shift in patent law from First-to-Invent to First-to-File came about over a decade ago, but still leaves many inventors scratching their heads. Is First-to-File really as simple as “first come, first served&rdquo…

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Artificial Intelligence and the Patent Application Process: A Synopsis of the Potential Benefits and Risks

Written By Ryan K. Simmons

The use of artificial intelligence ("AI") tools in the patent application process gives rise to a vast array of risks and opportunities for intellectual property ("IP") practitioners and society at large. IP practitioners…

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Top 10 Most Popular Articles of 2023

Written By Joanne H. Badr and Joseph A. Schouten

As we approach the New Year, it's time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith attorneys have provided valuable insights into various legal considerations. Here are…

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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1

Written By Norman J. Leonard

In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries.  For our residents and visitors who …

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Highlights From the Intellectual Property Law Institute of the Lavender Law® Conference

Written By Erica B. E. Rogers

I recently attended the 2021 Lavender Law® Conference, a virtual event of social networking, on-demand programming, and live sessions hosted by The National LGBT Bar Association and Foundation.  The final day of t…

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Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).  From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the proce…

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Further Extensions of USPTO Deadlines Under the CARES Act

Written By Erica B. E. Rogers

This article continues the discussion in our earlier article about thirty-day extension eligibility for deadlines with the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office ("USPTO") recognizes that t…

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U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

Written By Ryan K. Simmons

A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?  Who knows, but on January 15, 2020, t…

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Dot-Com Hits the Supreme Court

Written By Erica B. E. Rogers

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of ".co…

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CBD oil and hemp plant

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

Written By Erica B. E. Rogers, Tyler J. Russell, and Allen N. Trask, III

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka, "CBD…

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Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration pr…

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USPTO Issues New Patent Eligibility Guidance in Berkheimer Memorandum

Written By Ryan K. Simmons

After the United States Supreme Court's 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, many inventors and patent practitioners were left asking, as Alice did in Lewis Carroll's 1865 novel Alice's Adventures in W…

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Intangible Risky Business

Written By Angela P. Doughty, CIPP/US, AIGP

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets.  In fact, a business's intelle…

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Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

Written By Norman J. Leonard and Erica B. E. Rogers

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law.  At the time the first article was written, Varsity Brands, I…

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Additional Guidance for Post-Alice Prosecution

Written By Ryan K. Simmons

The Latest Memorandum from USPTO on Subject Matter Eligibility Provides Additional Guidance for Post-Alice Prosecution On November 2, 2016, the United States Patent and Trademark Office ("USPTO") issued a memorandum to Ex…

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