News

Recent changes in Japanese patent law have introduced significant restrictions on the drafting of patent claims. In Japan, much like in the United States and other jurisdictions (except EP), a significant modification in patent claim drafting has been implemented, which has brought an end to the practice of using “multiple-multiple dependent” claims. This change is important for patent applicants and practitioners to understand, as it affects the strategy of preparing claims in both PCT (Patent Cooperation Treaty) applications and Paris route applications in Japan.

The change in Japanese patent law pertains to the prohibition of “multiple-multiple dependent” claims, a practice that was previously allowed. Applications with an effective filing date as of April 1, 2022, international filing date for PCT applications and the Convention priority date for Paris route applications specifically, cannot include multiple-multiple dependent claims. This is a significant shift, as applications that contain such claims will be rejected solely on this ground.

In our next post, McCoy Russell will discuss what multiple-multiple dependent claims are and the impact on patent filings.

As an innovative firm, McCoy Russell has been at the forefront of patent law with its development and use of proprietary AI software via its software arm Ironcrow AI. Recently, Ironcrow has invested substantial efforts to create a specialized AI LLM Sandbox as a key tool for patent professionals.

Ironcrow is excited to announce a groundbreaking achievement in the field of AI/ML for Patent Law professionals – Ironcrow’s specialized AI LLM Sandbox has achieved a score above the 70% threshold required to pass the patent bar exam, using a test set of questions. While other researchers have developed tools to pass a state bar exam, none have attempted to pass the specialized patent bar exam administered by the USPTO.

This remarkable feat showcases the innovation by the Ironcrow and McCoy Russell partnership and the ability of the LLM Sandbox’s “Interrogate” feature to answer questions based on the knowledge of the patent procedure. The Sandbox can provide well-cited answers along with relevant excerpts from the MPEP, etc., to its users. This unique feature sets Ironcrow AI’s LLM Sandbox apart from other systems in the market.

To evaluate the performance of Ironcrow AI’s LLM Sandbox, a comparative study was conducted using the same set of Patent Bar Exam questions. The study compared Ironcrow’s LLM Sandbox against various other AI models. The results of this study shed light on the system’s capabilities and provide insights into its performance when compared to other systems and human performance. In short, no other model comes close to meeting its performance, or obtaining passing level proficiency relative to the USPTO Patent Bar Exam.

The passing score for the Patent Bar Exam is set at 70%. In 2022, the passing rate for humans was approximately 46.27%, assuming a symmetrical distribution of moderate deviation, which would place the average human score around 68%. With this in mind, the study aimed to establish a baseline performance for Ironcrow AI’s LLM Sandbox and other systems.

The findings of the study are as follows:

1. Ironcrow AI’s LLM Sandbox emerges as the first AI system capable of achieving a passing score for the patent bar exam on a test set of patent bar exam questions. It achieved scores ranging from 78% to 80%, surpassing the average human performance of 68%. This remarkable achievement demonstrates the system’s deep and factually grounded understanding of the patent law and procedure and its ability to apply this understanding in answering complex questions.
2. Ironcrow AI’s LLM Sandbox, even when utilizing the faster and more cost-effective chatGPT (GPT-3.5-turbo), showed impressive performance improvements over baseline chatGPT, almost reaching the level of GPT-4. This highlights the efficacy of Ironcrow AI’s approach to improve expertise in the domain of U.S. patent prosecution, without necessarily resorting to the largest and most expensive models.
3. Other systems that claim to have been trained on an extensive database of patent knowledge did not exhibit significant improvements in performance compared to their underlying models. While many companies in the patent software space claim to be “experts in AI”, an unfortunate reality is that many of these companies simply act as middlemen between patent professionals and the underlying models, without adding value. This also underscores the importance of quantitatively substantiating claims made in regards to AI performance, something Ironcrow AI hopes to achieve by making these evaluation results publicly available (to access the test set of patent bar exam questions please inquire at the email below).

Ironcrow AI’s LLM Sandbox’s success in achieving a passing score for the Patent Bar Exam signifies a major milestone in the development of AI systems ability to assist patent professionals. Its ability to provide accurate answers with proper citations and excerpts from the MPEP sets a new standard in the field.

If you want to learn more about Ironcrow AI’s LLM Sandbox or the performance study email [email protected].

Celebrating autumn in the PNW, McCoy Russell held an event at the firm’s collaborative space in the heart of the Pearl. Folks living locally or willing the make the drive gathered to connect with each other, get creative and carve pumpkins, and get into the autumn spirit.

An active firm in the intellectual property community, McCoy Russell was proud to host one of INTA’s Roundtables for North America in Portland. The roundtable aimed to explore the Commercialization of Brands, specifically looking at interesting trends and topics in Advertising.

INTA members from various firms around Portland came together at the firm’s collaborative space and discussed topics across a wide range such as influencer agreements and FTC endorsement guides, consumer reviews, and AI in advertising, global advertising campaign clearance, and hot trends in NAD cases.

McCoy Russell thanks INTA for the opportunity to host a roundtable as well as the firms contributing to the conversation, Davis Wright Tremaine LLP, Foster Garvey PC, Fuerst Group Inc, and Kolitch Romano Dascenzo Gates.

On this Boss’s Recognition Day, we want to express our deep appreciation for Sarah, Megan, Hannah  Brian, Katie, Soren, Jennifer, Anna and John. Each of them have shown outstanding leadership and unwavering support to their teams.

Their guidance, dedication, and commitment have been instrumental in McCoy Russell’s continued success. Thank you for being exceptional leaders and mentors.

Their experience, expertise, and efforts inspire us all to excel and grow. We are fortunate to have such strong leadership at McCoy Russell LLP. Happy Boss’s Recognition Day!

In the world of intellectual property, patent prosecution is a pivotal component to safeguarding innovation and intellectual assets. Central to this process is the selection of a skilled patent professional with technical expertise. A proficient team of patent professionals plays a crucial role in patent prosecution, not only bridging the gap between complex technical concepts and patent language, but developing intellectual property strategy that aligns with business goals.

McCoy Russell attorneys, agents, and technical specialists work in concert with a unique combination of technology-focused and prosecution-focused teams to generate integrated strategies for elegant, high-quality patent solutions. The firm continues to garner recognition in high-quality patent application drafting that minimizes the risk of costly rejections, offering precision in patent applications.

While portfolio development is the firm’s bread and butter, McCoy Russell’s practice spans all areas of IP law, including helping clients build strong patent and trademark portfolios, and helping them obtain value through licensing and enforcement of portfolio assets. The firm evaluates infringement risks for new technologies and brands, and help clients conduct due diligence when acquiring intellectual property assets. McCoy Russell represent clients worldwide, ranging from small entrepreneurs to global powerhouses to academic institutions in a wide spectrum of industries. Contact McCoy Russell if you think we can be of assistance.

Patent quality plays a pivotal role in ensuring the effectiveness and enforceability of patents. A small woman-owned firm garnering recognition for its patent quality, McCoy Russell strives to achieve the highest quality for its client. The post examines the question of patent quality and its significance in the world of intellectual property.

What defines patent quality?
Historically patent quality refers to the measure of the strength, validity, and enforceability of a patent. It encompasses various factors that determine the patent’s legal standing and its ability to withstand challenges in court, as well as to deter competitors without ever actually leading to a dispute. A high-quality patent is one that meets the stringent patentability requirements, possesses clear and precise claims, and demonstrates novelty, inventive step, and industrial applicability.

In recent times, patent quality also factors in prosecution efficiency. Prosecution efficiency considers how many office actions are received and how quickly a given patent application moves through the examination from filing to notice of allowance, while still obtaining protection relevant to the client’s business goals.

McCoy Russell continues to be recognized for its consistency in providing its clients with high quality patent application drafting and efficient prosecution. As an innovative firm at the forefront of thought leadership in patent prosecution strategies, McCoy Russell continues to refine its approach to patent prosecution utilizing proprietary software, via its software arm Ironcrow AI. Through IroncrowAI’s software, the firm leverages analytics like prosecution statistics, art unit predictions, and 101 rejection predictions to provide data driven strategic prosecution strategies reducing costs for its clients. These tools also include drafting and prosecution machine learning aids to automate tedious tasks enabling for high-quality patent application drafting and data drive prosecution strategy.

Understanding the essence of patent quality is essential for inventors, businesses, and stakeholders in the intellectual property ecosystem. By emphasizing patent quality, McCoy Russell helps to foster and develop robust patent portfolios for its clients that encourages innovation, protects inventors’ rights, and drives technological advancement. Contact McCoy Russell if you think we can be of assistance.

McCoy Russell remains actively engaged with supporting academic, research institutions, and university technology transfer offices and their important work. McCoy Russell attorney Justin Wagner attended the 2023 AUTM Western Region Meeting building and knowledge sharing within the technology transfer field.

Justin moderated a panel discussion on facilitating research collaboration through an innovative initiative called the research infrastructure commons (RIC). Justin also gained valuable insights through panels on strategic partnerships between national laboratories and academic institutions, as well as a session on emerging global IP trends from experts.

AUTM’s Region Meetings are great opportunities for technology transfer professionals to exchange relevant perspectives on navigating partnerships and advancing innovation. McCoy Russell recognizes that technology transfer offices play an integral role in translating academic research into commercially viable patent filings and resulting portfolios.

By participating in events such as the AUTM region meetings, the firm aims to deepen its understanding of the technology transfer process and continue adapting its intellectual property services to provide specific support tailored to the unique challenges presented in academic and research environments pursuing technology commercialization. McCoy Russell looks forward to further opportunities to engage with AUTM and contribute to the movement of research into application.

As a firm dedicated to the development of intellectual property portfolios, McCoy Russell recognizes intellectual property (IP) has become a valuable asset for businesses and individuals alike. As the world becomes increasingly interconnected, analyzing the intellectual property (IP) landscape using various tools and techniques can significantly contribute to building a strong IP portfolio. Below are some ideas to elevate Patent Portfolio Evaluation and Diligence.

Field Awareness: Understanding the IP landscape within a specific field or industry is crucial for identifying potential opportunities and risks. By analyzing existing patents, trademarks, and copyrights in the field, one can gain insights into the level of competition, technological advancements, and emerging trends. This awareness helps in making informed decisions regarding the scope and direction of IP protection.

Spatial Concept Maps: Spatial concept maps visually represent the relationships between different patents or IP assets. By mapping out the connections and interdependencies, one can identify white spaces or areas where there is limited IP protection. This analysis helps in identifying potential areas for innovation and IP development, allowing companies to strategically position themselves in the market.

Assignee Activity: Analyzing assignee activity involves studying the IP portfolios of competitors or other key players in the industry. By understanding the IP strategies of these entities, one can identify potential licensing opportunities, partnerships, or areas where IP infringement may occur. This analysis helps in shaping the IP portfolio to align with the overall business strategy and maximize its value.

Jurisdiction Breakdown: Intellectual property rights are territorial, and their protection varies across different jurisdictions. Analyzing the jurisdiction breakdown of existing IP assets helps in identifying regions where IP protection is strong or weak. This analysis enables companies to prioritize their IP filing strategies, focusing on jurisdictions that offer the most significant commercial potential or where competitors are active.

Trends Over Time: Monitoring IP trends over time provides insights into the evolution of technology, market dynamics, and legal developments. By tracking the growth or decline of specific technologies or industries, one can anticipate future opportunities or threats. This analysis helps in aligning the IP portfolio with emerging trends, ensuring that it remains relevant and valuable in the long run.

Overall, analyzing the IP landscape using field awareness, spatial concept maps, assignee activity, jurisdiction breakdown, and trends over time allows companies to make informed decisions regarding IP protection, identify potential areas for innovation, and strategically position themselves in the market. This comprehensive analysis contributes to building a strong IP portfolio that aligns with the business strategy and maximizes the value of intellectual property assets.

McCoy Russell provides trainings to various organizations about intellectual property from a portfolio based perspective. Contact McCoy Russell if you think we can be of assistance and learn more from “Intellectual Property As Assets: A Portfolio-Based Perspective for Emerging Businesses”.