IP Monday Law Blog 

In addition to his practice as an attorney, blog author Mikhail Murshak is an adjunct Professor in Intellectual Property (IP), Trademark and Patent Law at Michigan State University College of Law.

The start of 2026 brings energy, momentum, and predictably, the same intellectual property mistakes I see every January.

For startups, it often looks like moving fast without realizing that public launches, pitch decks, websites, and demos can quietly destroy patent rights if filings are not in place. For established companies, it usually shows up as brand expansion, new offerings, or ...

It usually starts with a phone call, email or even a handwritten letter with the opening line: "Hi! I've got a great idea for your business!" While this well-meaning pitch is a seemingly an innocent moment, it can create one of the sneakiest legal traps that companies can face.

This blog discusses what's really happening behind the scenes and what you should be ready for when someone wants to share their "million-dollar idea" with you.

1. The Surprise Pitch: “Can I Tell You My Idea?”

It sounds harmless, maybe even a little flattering. But legally? It’s a minefield.

Because ...

The United State Patent and Trademark Office (USPTO) recently released its year-end trademark performance report. Examination timelines are improving, backlogs are shrinking, and quality remains consistently high; strong news for businesses working to build and protect their brands.

First Actions Are Much Faster

In FY 2025, the average time to first Office Action dropped to 5.6 months, outperforming the USPTO’s 6.7-month goal.

For businesses, that means:

• Earlier clarity on registrability
• Faster brand decision-making
• More efficient trademark protection timelines

While larger companies typically dominate patent filings, if you’re a small or mid-size business, understanding how these giants use patents can offer valuable insights for shaping your own Intellectual Property (IP) strategy.

Patents and Profitability: What the Data Shows

In industries where R&D costs are high and products are easy to copy such as pharmaceuticals, biotech, semiconductors, and medical devices, patents often serve as the foundation for profitability. For companies such as Pfizer, Merck, Medtronic, and NVIDIA, patent exclusivity translates into premium ...

Every December, my kids start whispering to each other and scribbling notes they think I can’t see. They’ve got a big secret: their wish list for Santa. They treat it like classified intel. Folded notes under pillows and sudden silence when I walk into the room. And honestly? They’re doing it right.

In the world of business, some “secrets” deserve the same careful treatment, we just call them trade secrets instead of holiday wishes.

What Makes a Trade Secret Special?

A trade secret is any information that has economic value and gives your business an edge because it is not ...

A patent search isn’t just about the search results. It’s about the strategy that comes from understanding them. Most people think a patent search is just a long PDF and a list of patents, but the real value is in the knowledge that helps you make smarter business and IP decisions.

What You’re Actually Buying with a Patent Search

A patent search is not required before filing. Plenty of inventors file without ever running one. But when you do invest in a search, you’re not paying for documents, you’re paying for clarity, direction, and strategic insight.

Specifically, you gain ...

You’ve brainstormed, tested, and designed the perfect brand name. However, before you buy that domain or print your first label, one quick trademark search can save you from costly heartbreak. The strongest brands don’t just look good, they clear early. A knockout search is the first step to making sure your next big idea actually belongs to you. 

The following post will help you learn:

• What a knockout search really is and why it matters.
• What your IP attorney looks for when reviewing search results and how involving an attorney early on can protect both your brand and your budget.
• Why ...

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information may apply to a specific situation.

When the Dough Rises Too Close to Home

Fictional Scenario: For 30 years, Tony’s Brick Oven Pizza has been the pride of downtown Lansing, Michigan. Same family, same oven, same neighborhood aroma that says: 'Friday night is pizza night.' Then one day, Tony gets a letter. A fast-growing national chain called Tony’s Fire Pie™ ...

On October 27, 2025, the United States Patent and Trademark Office (USPTO) rolled out the Streamlined Claim Set Pilot Program to test a pretty simple idea:

If you give the examiner fewer, cleaner claims up front, can the USPTO move your case faster and improve examination quality? Short answer: They’re going to try. Long answer: If you qualify and you’re strategic, this could be a legitimate speed boost.

Let’s break down what this is, who qualifies, and how I’d use it.

1. What is the Streamlined Claim Set Pilot?

It’s a special-status program. If you’re accepted, your patent ...

The phases of launching a startup move fast, such as branding, prototypes, pitches, and investor decks. But amid the excitement, intellectual property (IP) strategy often gets left behind. The result? Costly mistakes that can derail growth or scare off investors.

Below are the most common IP missteps—and how to avoid them before they become expensive lessons:

1. Skipping the Trademark Search

Falling in love with a name before checking availability is a classic blunder. A professional knockout search can reveal conflicts before you invest in branding, packaging, and websites ...