| This article was first published on les Nouvelles, March 2026 edition. In the high-stakes biotechnology and pharmaceutical industries, and in their emerging offshoots like the fast-growing psychedelics space, patents are both a cornerstone of innovation and a potential latent source of risk. At the heart of this dynamic lie prior art and freedom-to-operate […]
Patents
Software Reverse Engineering and Dynamic Testing for Evidence of Use
In a previous article, I introduced the three primary approaches for establishing Evidence of Use (EoU) in patent matters involving software and firmware: analysis of publicly available information, device and application testing, and reverse engineering. That piece outlined what each approach involves and when each is most appropriate. This article goes deeper into the software […]
AI as IP™ Framework: A Practical Guide for SMEs to Classify, Protect, and Monetize AI Assets
SME Business Leaders should read this article to: Reframe AI as strategic capital Learn to monetize AI investments Understand IP protections for AI assets Improve investor confidence and valuation Implement a 90-day AI governance plan Legal Advisors should read this article to: Build layered AI IP strategies Draft enforceable AI licensing contracts Guide SMEs on […]
A Trip Through the Psychedelic IP Landscape
Over the past decade, the psychedelics industry has been undergoing a second renaissance, evolving from a niche and legally questionable research area into a burgeoning field that promises to redefine mental health and wellness. As more companies, academic institutions, and non-profits explore the therapeutic potential of compounds like psilocybin, MDMA, and LSD, the role of […]
The Growing Importance of the Chief Intellectual Property Officer: A Strategic Imperative for the Knowledge Economy
Discussion in the corporate boardroom is evolving rapidly. As the global economy has fundamentally shifted from one driven by tangible assets to one powered by intangible value, a new C-suite position has earned a seat at the table, a voice that is frequently regarded as essential for strategic leadership: the Chief Intellectual Property Officer (CIPO). […]
Trade Secret Protection in the Age of Large Language Models: Risks, Reasonable Measures, and Legal Remedies
Introduction Large Language Models (LLMs) are a type of Artificial Intelligence (AI) system that can process and generate human-like text based on the patterns and relationships learned from vast amounts of text data 1. LLMs use a machine learning technique called deep learning to process text data from books, articles, web pages and other sources […]
Evolving Landscape of Technology Rights Enforcement
In this article, James E. Malackowski and Cole Kartman analyze the evolution of Technology Rights Enforcement (TRE) specific to patents, trade secrets, and copyrights and predict where the trends are heading.1 Introduction Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique […]
Ocean Tomo, a part of J.S. Held, Releases Nuclear Industry Report
Ocean Tomo, a part of J.S. Held, presents our 2024 Nuclear Energy Industry Report, which takes a comprehensive look at current industry trends and deal activity in the nuclear energy space. As a financial advisor with a focus on technology and intellectual property (IP), Ocean Tomo, along with the nuclear and energy transition experts at […]