Claim Construction: 6 Keys to Winning a Markman Hearing
Claim construction is the pretrial ruling that decides what your patent claims mean, and it quietly settles most patent cases. Here is how the Markman hearing works and how to win it.
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IP Insights & Resources
Expert perspectives on intellectual property strategy, patent law, trademark protection, and IP portfolio management from the PerspireIP team.
Patent Validity Opinion: 7 Smart Reasons You Need One
A patent validity opinion is a written legal read on whether a patent would hold up in court. Here is when you need one, what it costs, and how it defeats willful infringement.
Read MoreReissue Patent: 6 Essential Rules to Fix Your Claims
A reissue lets you repair a patent that claims too much, too little, or rests on a flawed specification, but the tool comes with a two-year broadening window, a recapture trap, and intervening rights for competitors. Here is when a reissue patent works, when it backfires, and the six rules that keep a correction from costing you the claims you already own.
Read MorePatent Prosecution Highway: 6 Steps to a Faster Patent
If one patent office has already allowed your claims, you can use that result to jump the queue in another office for no petition fee. The patent prosecution highway is one of the most underused tools in international filing. Here is how it works, who qualifies, and six steps to file a request that sticks.
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Trademark Disclaimer: 6 Rules to Avoid a Refusal
A trademark disclaimer looks like you are giving something up, but used correctly it clears the path to registration without weakening your mark. Here is what must be disclaimed, the exact wording the USPTO wants, and six rules to keep a disclaimer from costing you protection.
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On-Sale Bar: 6 Rules to Avoid Losing Your Patent
Sell or offer your invention too soon and you can forfeit the patent before you ever file. Here is how the on-sale bar works after Pfaff and Helsinn, when the one-year clock starts, and six rules to keep an early deal from sinking your rights.
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Patent Enablement Requirement: 6 Essential Rules
Broad claims fail when the specification does not teach how to reach them. Here is what the patent enablement requirement demands after Amgen v. Sanofi, how the Wands factors work, and six rules to draft claims that hold their full scope.
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Software Patent Protection: 7 Proven Strategies
Protecting software takes more than filing one application. Here is how software patent protection actually works after Alice, and how to layer patents, trade secrets, and copyright into a defense competitors cannot walk around.
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Trademark Abandonment: 6 Smart Ways to Avoid It
Losing a mark for nonuse or lost quality control is common and avoidable. Here is how trademark abandonment happens, how it gets you cancelled, and how to prevent it.
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Means Plus Function Claims: 7 Smart Drafting Rules
Functional claiming under 35 USC 112(f) can quietly narrow a claim to a single embodiment. Here is when it triggers, why it matters, and how to draft around it.
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Trademark Genericide: 7 Smart Ways to Avoid It
What trademark genericide is, how the primary significance test decides it, why Google survived but aspirin and escalator did not, and seven ways to keep your brand from becoming generic.
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Inequitable Conduct: 6 Costly Traps to Avoid
What inequitable conduct is, the Therasense but-for materiality and intent standard, the duty of candor under 37 CFR 1.56, and how a disciplined prior-art record keeps a patent enforceable.
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Post-Grant Review: 6 Essential Facts to Know in 2026
What a post-grant review is, the strict 9-month deadline, how it differs from inter partes review, and when challenging a patent at the PTAB is worth it.
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IP Due Diligence Services: 7 Checks Smart Buyers Demand
A practical guide to what IP due diligence services cover, when you need them, and how to choose a provider before you close a deal.
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IP Due Diligence in Mergers: 5 Steps to Protect a Deal
A buy-side playbook for IP due diligence in mergers and acquisitions: how to verify ownership, surface encumbrances, review AI and data assets, and turn findings into deal terms.
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Patent Royalty Rates: 7 Smart Ways to Set One in 2026
A practitioner's guide to setting, benchmarking and negotiating patent royalty rates in 2026, with real industry ranges, calculation methods and the clauses that protect your money.
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Secondary Meaning: 7 Essential Ways to Prove It
Descriptive trademarks can only reach the Principal Register by proving secondary meaning. Here are the seven kinds of evidence the USPTO and courts weigh under Section 2(f).
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Doctrine of Equivalents: 6 Essential Rules to Know
A practical guide to the doctrine of equivalents: the two equivalence tests, the all-elements rule, and the limits that decide whether a near-miss product infringes.
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Patent Term Extension: 6 Essential Rules
A patent term extension under 35 USC 156 can restore years a drug or device patent lost during FDA review. Here are the six rules that govern it.
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Paris Convention Priority Claim: 7 Essential Rules
A Paris Convention priority claim links a later foreign filing back to your first application. Here are the seven rules that decide whether it survives.
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