Lockhart IP

Built your product with AI? That could become a patent problem. U.S. patents still require a human inventor—so if AI created everything on its own, your invention may not qualify. The key is proving the human decisions: your prompts, refinements, and design choices could determine what’s actually patentable.

A provisional patent does NOT let you sue copycats. What it really does is secure your priority date—your place in line at the patent office before someone else files first. But here’s the catch: a weak one-page filing may not protect you at all if it doesn’t fully describe the invention.

Your brand name can still get you sued… even if Google says it’s “available.” Trademark conflicts aren’t just about exact matches—they’re about likelihood of confusion. A similar-sounding name in a related industry could become a serious problem after you’ve already invested in your logo, website, and marketing.

AI could be heading for its biggest copyright battle yet. Most AI models are trained on massive datasets that may include copyrighted books, art, music, and content—and courts are now deciding whether AI training itself counts as infringement. The outcome could completely reshape the future of AI, licensing, and who owns the data behind machine learning.

Nintendo didn’t just “retry” its Pokémon patent—they narrowed it down HARD. The new claims specifically target the monster-catching mechanic, battle camera behavior, and character state changes that make Pokémon-style gameplay unique. In patent law, narrower claims can sometimes be the key to surviving an obviousness rejection.

"Obvious” in patent law doesn’t mean “it looks similar.” That’s NOT how patent rejections work. Examiners have to point to specific earlier patents or publications and prove that someone skilled in the field could combine them to create your invention. That’s the real reason patents get rejected for obviousness.

Nintendo’s Pokémon patent just got rejected—and the reason might surprise you. It wasn’t about being “too similar”… it was obviousness. If an expert could combine existing ideas to reach your invention, it’s not patentable. The broader your claims, the easier it is for prior art to take you down.

Velcro’s patent expired decades ago… yet the brand still dominates. Why? Because patents don’t last forever—but trademarks can. Once the patent expired, copycats flooded in, but the brand name survived. Smart founders don’t just rely on patents—they build trademarks that outlive them.

Patent revoked” headlines can be straight-up misleading. One word changes everything. A non-final rejection isn’t a loss—it’s just the examiner’s first objection, and the patent can still be amended, defended, and remain in force. Learn to spot “non-final,” “final,” and “invalidated”… or you’ll fall for the wrong story.

Your company might NOT own its own code. If a contractor built it and you don’t have a strong IP assignment clause, they may legally own it—and only license it to you. One missing paragraph can put your entire product at risk. Check your contracts before it’s too late.