Intellectual Property Insights

Analysis and practical guides on intellectual property.

265 articles, checklists, and guides on intellectual property law, written by the attorneys at MC Law. Every piece is general information, not legal advice — for a specific matter, contact the firm.

Intellectual PropertyPatent

AI-Generated Inventions: Who Owns What the Machine Creates?

Every major patent system to consider the question has now answered the narrow one—an AI system cannot be named as an inventor—but the commercially decisive question of how much human contribution an AI-assisted invention requires is still in motion. This article traces the DABUS litigation across the United States, United Kingdom, Europe, Australia, and beyond; explains the conception and joint-inventorship doctrines that actually decide these cases; and follows the USPTO's sharp pivot from its February 2024 Pannu-factor framework to the November 2025 Revised Inventorship Guidance that recasts AI as an ordinary tool. It then works through the practical machinery—documentation, invention disclosure, workflow design, correction of inventorship, the duty of candor, ownership and assignment, Section 112 disclosure problems, trade-secret alternatives, and foreign-filing audits—and closes with the policy debate and an extended FAQ. Written for R&D-driven businesses, in-house counsel, and patent practitioners. It is general information, not legal advice.

Casey Scott McKayNovember 2, 202350 min read

Intellectual PropertyCopyright

Copyright Registration Checklist: A Practical Checklist

Copyright protection attaches automatically the moment an original work is fixed, but registration is what makes the right enforceable: it is the ticket into federal court for U.S. works and the gateway to statutory damages and attorney's fees. This checklist walks a creator or adviser through the entire registration process step by step, from confirming ownership and choosing the right application type to preparing a compliant deposit, completing the electronic application accurately, and timing the filing to preserve maximum remedies. It anchors each step in primary authority, flags the most common errors that draw correspondence or refusals, and explains why accuracy matters after Unicolors v. H&M. Verify current fees and deadlines at copyright.gov before filing.

Casey Scott McKayNovember 1, 202310 min read

Intellectual PropertyTrademark

Trademark Challenges in the Metaverse and Virtual Goods

Virtual worlds, NFTs, and digital fashion have pushed trademark law into territory its nineteenth-century architects never imagined, and the Hermès v. Rothschild "MetaBirkins" litigation has become the defining case study for how the doctrine translates to digital-first commerce. This article maps that doctrinal landscape: what "use in commerce" means when goods exist only as code, how the Supreme Court's Jack Daniel's decision narrowed the Rogers v. Grimaldi expressive-works defense, how likelihood-of-confusion and dilution analysis adapt to avatars and virtual storefronts, and how the Nice Classification and competing trademark offices treat virtual goods and the physical-virtual relatedness question. It is written for brand owners, digital creators, and trademark practitioners who need the governing principles before they reach for tactics. A companion article covers the operational brand-protection playbook. This is not legal advice.

Casey Scott McKayOctober 31, 202340 min read

Intellectual PropertyTrademark

Trademark Dilution Under the TDRA: Blurring, Tarnishment, and What It Means to Be Famous

Dilution is the trademark claim that does not require confusion. It protects a small class of genuinely famous marks against uses that whittle away their distinctiveness or drag their reputation through the mud, even when no consumer is deceived about anything. This article explains the Trademark Dilution Revision Act of 2006, why Congress passed it to overrule the Supreme Court's actual-dilution requirement in Moseley v. V Secret Catalogue, and what a plaintiff must now prove: fame among the general consuming public of the United States, distinctiveness, use in commerce beginning after the mark became famous, and a likelihood of blurring or tarnishment. It works through the six statutory blurring factors with case illustrations, explains the three statutory exclusions and how the Supreme Court narrowed the parody safe harbor in Jack Daniel's v. VIP Products, and covers state antidilution statutes, TTAB dilution claims, remedies, and evidence. It closes with brand-owner and defense strategy, a worked example, an FAQ, and related reading.

Casey Scott McKayOctober 28, 202326 min read

Intellectual PropertyPatent Law

Patent Basics and General Information Concerning Patents: A Practical Guide

A patent is a federal grant giving an inventor the right to exclude others from making, using, selling, offering to sell, or importing a claimed invention for a limited time, in exchange for a full public disclosure of how the invention works. This guide is a comprehensive, cited reference on U.S. patent law for inventors, lawyers, founders, and anyone trying to understand how patents actually work. It walks through the constitutional and statutory framework; the three types of patents and their terms; the requirements for patentability (eligible subject matter and utility under Section 101, novelty under Section 102, nonobviousness under Section 103, and the disclosure rules of Section 112); ownership and inventorship; the application and prosecution process before the USPTO through Patent Center; publication, allowance, issuance, and maintenance; correction and post-grant proceedings before the PTAB; and the law of enforcement, defenses, and remedies. It incorporates the America Invents Act's first-inventor-to-file system and current practice, illustrates the doctrine with worked hypotheticals, and closes with topic-organized tables of leading cases and practical takeaways.

Casey Scott McKayOctober 28, 202356 min read

Intellectual PropertyPatent

Patent FAQs: Answers to Common USPTO Patent Questions

A comprehensive, citation-rich guide answering the procedural questions inventors and businesses actually bring to the U.S. Patent and Trademark Office, organized by theme and grounded in current statutory and regulatory authority. The guide explains what a patent is and what can be patented, walks through the application types and the prosecution process, and covers costs, provisional applications, international filing through the PCT, post-grant proceedings, term and maintenance, ownership, and enforcement basics. It modernizes the USPTO's own FAQ answers with citations to 35 U.S.C. and 37 C.F.R., explains the America Invents Act's first-inventor-to-file rule and its narrow grace period, and adds worked hypotheticals throughout. This is the procedure-focused half of a two-part hub: its consumer-friendly companion answers the "should I even patent this?" questions, while this article is the "now how do I actually do it" reference. It closes with a short FAQ and a list of related in-depth guides from mclaw.io.

Casey Scott McKayOctober 25, 202343 min read

Intellectual PropertyPatent

Patent Marking Compliance: A Practical Checklist

Patent marking under 35 U.S.C. § 287 is one of the most consequential yet most overlooked compliance obligations in patent law—failing to mark can erase years of pre-suit damages even against a deliberate copyist, and after SCA Hygiene abolished laches, marking is now the single most important limit on how far back a patentee can reach for damages. This checklist walks a patentee through earning constructive notice by consistent, continuous marking; using the AIA virtual-marking website option; policing licensees (with the Arctic Cat burden-shifting framework); handling method claims and multi-patent products; sending an effective actual-notice letter while managing declaratory-judgment risk; and avoiding false-marking liability under § 292. It closes with an auditable compliance program. Verify current fees and any deadlines at the official site.

Casey Scott McKayOctober 20, 20238 min read

Intellectual PropertyTrademark

Drafting a Trademark Cease-and-Desist Letter

A cease-and-desist letter is often the first and most consequential move a brand owner makes to stop trademark infringement, and a well-drafted one can resolve a dispute in a single envelope. This guide walks through the full strategy: clearing your own rights before you accuse anyone, honestly assessing likelihood of confusion under the multi-factor circuit tests, choosing the right tone, and building the letter section by section. It explains the serious traps that turn a routine enforcement letter into a lawsuit you did not want, including declaratory-judgment jeopardy under MedImmune v. Genentech, the first-to-file race to the courthouse, and the reputational blowback of "trademark bullying" and the Streisand effect. A complete model letter outline is included, along with guidance on deadlines, reservations of rights, the remedies the Lanham Act actually authorizes, settlement and coexistence options, and when to skip the letter and sue. The article is written for brand owners, in-house teams, and counsel alike. It closes with a detailed FAQ and practical takeaways.

Casey Scott McKayOctober 13, 202354 min read

Intellectual PropertyPatent

How to Read a Patent: Claims, Specification, and Prosecution History

A patent is a legal instrument disguised as a technical document, and almost everyone who picks one up reads it in the wrong order. This article teaches the right order. It walks through the front page and what each numbered field actually tells you, including the priority chain that fixes the effective filing date and the term adjustments that determine when the patent expires. It then explains the specification and the disclosure requirements of section 112, and turns to the part that matters most: the claims. It covers how a claim is structured, what the preamble and the transitional phrase do, the enormous difference between comprising and consisting of, how independent and dependent claims relate, and how to build a claim chart element by element. A long section explains claim construction under Phillips v. AWH, the hierarchy of intrinsic and extrinsic evidence, why the prosecution history often decides the case, and how prosecution history estoppel narrows what a patent can reach. It closes with means-plus-function claiming, indefiniteness after Nautilus, a worked reading of a hypothetical patent, a reading checklist, an FAQ, and related reading.

Casey Scott McKayOctober 3, 202325 min read

Intellectual PropertyPatent Litigation

Patent Litigation: Design Patents

Design patents protect the way a product looks, not how it works, and litigating them is a craft unto itself. This guide walks judges, lawyers, and curious laypeople through the full life cycle of a design patent case: how a court "construes" a claim made of drawings, how the ordinary-observer test from Gorham v. White and Egyptian Goddess v. Swisa decides infringement, and how functionality and the post-LKQ obviousness standard threaten validity. It explains the eye-popping Section 289 "total profit" damages rule and the Supreme Court's Samsung v. Apple "article of manufacture" remand that reshaped it, plus willfulness, marking, injunctions, and the International Trade Commission. Worked examples and real Federal Circuit cases ground every doctrine. Read it before you assert or defend a single ornamental claim.

Casey Scott McKaySeptember 24, 202343 min read

Intellectual PropertyTrademark

Navigating the Maze of Trademark Confusion: Key Considerations for Brand Owners

Likelihood of confusion is the central question in nearly every trademark infringement dispute, but the doctrine is far richer and more circuit-dependent than a simple "are the marks similar" inquiry suggests. This article explains the multifactor tests applied by the federal courts and the Trademark Trial and Appeal Board -- including the Second Circuit's Polaroid factors, the Federal Circuit's DuPont factors, and the Ninth Circuit's Sleekcraft factors -- and walks through each factor with worked examples. It examines the recognized variants of confusion (direct, reverse, sponsorship, initial-interest, and post-sale), the role of consumer sophistication, secondary liability for those who enable infringers, and how survey evidence in the Eveready and Squirt formats is built and attacked. It addresses dilution of famous marks under the Trademark Dilution Revision Act, the special problems of keyword advertising and the digital marketplace, the impact of artificial intelligence on brand selection and clearance, a comparative look at how the European Union and China analyze confusion, the Supreme Court's 2023 decision in Jack Daniel's v. VIP Products narrowing the Rogers test, and the remedies and defenses that decide what a confusion finding is actually worth. It closes with a practical brand-protection program that brand owners can implement before a dispute ever arises.

Casey Scott McKaySeptember 18, 202361 min read

Intellectual PropertyCopyright

Copyright Registration for Derivative Works

A derivative work is a new work built on top of one or more preexisting works—translations, film adaptations, remixes, sequels, annotated editions, and new software versions. This guide explains exactly what a derivative work is under 17 U.S.C. § 101, how § 103 confines the copyright in a derivative to the new material the author actually added, and why a derivative work can never extend the life of the underlying copyright. It walks step by step through registering a derivative work with the U.S. Copyright Office—how to complete the "limitation of claim," "material excluded," and "new material included" fields so an application sails through. It covers the originality threshold under Feist and Durham Industries, the "thin copyright" problem, the § 106(2) adaptation right, the unforgiving § 103(a) rule that a derivative must be lawfully made, and the accuracy obligations the Supreme Court addressed in Unicolors v. H&M. Worked examples across film, music, software, and visual art, a model application walkthrough, an FAQ, and cross-links to related copyright topics round it out.

Casey Scott McKaySeptember 7, 202339 min read