Thought Leadership

At Carmichael IP, we are committed to shaping the future of intellectual property law through insightful analysis, innovative strategies, and forward-thinking perspectives. Our Thought Leadership page features expert commentary on emerging legal trends, groundbreaking patent litigation, and the evolving landscape of IP protection. Stay ahead with in-depth articles, case studies, and industry insights from our team of seasoned professionals.

“Admin change May Help Reduce PTAB Invalidation Rates” (February 21, 2025, IPLaw360): How the new administration might bring respite from the PTAB’s excessively high invalidation rate.
“Save Your Claims: How to Beat the PTAB’s 70% Al Claims Invalidation Rate” (February 21, 2025, IPWatchdog): Best practices for litigating validity before the PTABs.
“The PTAB’s 70% All-Claim Invalidation Rate Continues to Be a Source of Concern” (January 12, 2025, IPWatchdog): Further analysis on the excessively high 70% All-Claims Invalidation Rate at the PTAB.
“What Happened at the USPTO in 2024—And What’s to Come”, IPWatchdog.com, December 18, 2024. Overview of current issues at the US Patent Office.
“Please Don’t Call Me a ‘Genus’: The High Bar for Section 112 in the Unpredictable Arts as Illustrated by In re Xencor” (November 4, 2024, IPWatchdog): How the Federal Circuit imposes a higher bar for enablement/written description for inventions in the life sciences space.
“Recent Statistics Show PTAB Invalidation Rates Continue to Climb” (June 26, 2024, IPWatchdog): The PTAB’s extremely high 71% All-Claims Invalidation Rate in 2024.
“Winning Strategies at the PTAB, Part II: Common Pitfalls That Patent Owners Should Avoid” *May 28, 2024, IPWatchdog): Best practices litigating at the PTAB.
“USPTO’s Proposed Terminal Disclaimer Rule Would Harm Inventors” (May 22, 2024, IPLaw360): PTO Director Vidal’s draconian proposal for double patenting practice.
“Winning Strategies at the PTAB, Part I: Bring Your Game” (May 22, 2024, IPWatchdog): Best practices litigating at the PTAB.
“Patent Applications Published After the Priority Date of a Challenged Patent Are Not ‘Printed Publications’ for IPRs” (January 15, 2024, IPWatchdog): Why unpublished “secret prior art” patent applications should not be considered in IPRs.
“The Year Ahead: Where Do We Stand on the USPTO’s ANPRM and the PREVAIL Act?”, IPWatchdog.com, Jan. 9, 2024. Update to synopsis of ANPRM and PREVAIL Act
“Understanding the Differences Between the USPTO’s ANPRM and the PREVAIL Act”, IPWatchdog.com, Sept. 7, 2023. Synopsis of ANPRM and PREVAIL Act
“The Federal Circuit’s Secret Merger of Alice Step 1 and Step 2”(June 18, 2020, IPLaw360), by James T. Carmichael, Stephen Schreiner, and Thomas Scott, Jr.): How the Supreme Court’s disastrous Alice decision on subject matter eligibility continues to confound the Federal Circuit.
“The Case for Using Filing Dates Instead of Expiration Dates to Determine Obviousness-Type Double Patenting”, Parts I and II, IPWatchdog.com, May 5 and May 8, 2024. Discusses issues with obviousness-type double patenting in light of In re Cellect and proposes a solution to streamline the process and make it fairer for patent owners.
“The Presumption Against Extraterritoriality’s Slow Decline In Patent Law” (with Elissa Sanford), AIPLA Quarterly Journal, Summer 2020, Vol. 48, No. 3. Discussion of expansion of extraterritorial damages under US patent law. ‍