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Posts from January 2026.
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For companies building real AI and software technology, patent eligibility under §101 has been a persistent frustration. Innovations grounded in model training, data handling, or system architecture are often dismissed as “abstract” simply because they involve algorithms or math.

A recent precedential decision from the United States Patent and Trademark Office's (USPTO) Appeals Review Panel signals a meaningful adjustment in how those innovations are evaluated. The case—Ex parte Desjardins—does not change the law, but it clarifies how examiners must apply it ...

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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 ...

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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 ...

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