Foley IP Law

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Foley IP Law

Foley IP Law is a boutique, woman-owned law firm specializing in intellectual property protection for national and global organizations.

Foley IP Law is a boutique, woman-owned law firm specializing in intellectual property protection for national and global organizations that prides itself on a relationship-firm client approach. With Foley IP Law, clients receive specialized expertise from our team of highly knowledgeable attorneys with an agile, relationship-first approach to client service.

10/15/2026

You Can Copyright a House. So Where Does Inspiration End and Copying Begin?

Drive through a new neighborhood and you’ll probably notice similarities. Open kitchens flow into living spaces. Primary bedrooms sit toward the back. Covered patios stretch across the yard. That probably doesn’t strike most people as an intellectual property issue, but under U.S. copyright law, certain architectural designs can be protected.

A recent Fifth Circuit decision involving Texas architecture firm Kipp Flores Architects offers an interesting example of where common design ends and protected creative expression may begin.

Kipp Flores holds registered copyrights in several building plans and technical drawings. A dispute over those works eventually led to claims involving copyright infringement and the Digital Millennium Copyright Act. In August, the Fifth Circuit allowed important portions of the copyright infringement case to move forward while affirming the dismissal of separate DMCA claims.

The decision doesn’t establish infringement, but it raises an interesting question: What parts of a house can actually be protected by copyright?

Copyright can protect original expression in a building’s overall form and the arrangement and composition of spaces and elements. It does not, however, give someone ownership over the idea of putting a kitchen next to a living room or adding a covered porch. Common features, practical requirements and standard configurations generally aren’t protectable on their own.

The distinction comes down to the creative choices architects make about how spaces relate and how individual elements come together. That’s also why two houses looking alike doesn’t automatically mean infringement occurred. Similarities can result from buyer preferences, building codes, construction practices or basic functionality, and determining whether protected elements were actually copied requires a closer look.

Architecture is a great reminder that intellectual property exists all around us. Creative expression isn’t limited to books, photographs, music and movies. It can also be built into the spaces we experience every day, from the way rooms connect to how we move through a home.

Someone made the creative decisions behind that experience, and in some circumstances, copyright law may protect them.

10/08/2026

You have a patent. Now what can you actually do with it?

Every newly issued U.S. patent tells its owner that the patent provides the right to exclude others from making, using, offering for sale, selling, or importing the patented invention.

But what does that “right to exclude” actually mean in practice?

That question was at the center of a recent Federal Circuit case involving several inventor advocacy organizations. The groups argued that the language appearing on issued patents can be misleading in light of the Supreme Court’s 2006 decision in eBay v. MercExchange.

Before eBay, the Federal Circuit generally favored permanent injunctions once patent infringement and validity had been established, absent exceptional circumstances. The Supreme Court rejected that approach and held that courts must instead apply the traditional four-factor equitable test when deciding whether to grant a permanent injunction.

In other words, an injunction does not automatically follow a finding of patent infringement.

The advocacy groups challenged the USPTO’s continued use of the “right to exclude” language. The Federal Circuit did not decide whether that language is misleading or should change. Instead, it affirmed the District Court’s dismissal because the organizations lacked standing to bring the challenge.

It’s a nuanced distinction, but an important one.

A patent provides valuable legal rights, but the existence of those rights does not automatically determine the remedy available when infringement occurs.

For inventors and businesses, obtaining a patent is an important milestone. Understanding what those rights mean in practice, and what enforcement may actually involve, is just as important.

09/23/2026

Your employee came up with the idea at work. Your company owns it, right?

That's a question with a more complicated answer than many business owners expect.

Think about everything employees might create in the course of building a business. Someone designs a new logo, writes website copy, develops software, creates a new product, improves a process or contributes to an invention. That work may become incredibly valuable to the company over time, which makes understanding who actually owns it important from the beginning.

The answer can depend on what was created, how it was created, the employee's role, the type of intellectual property involved and what the company's agreements say.

For example, copyright law has specific rules around work created by employees within the scope of their employment. Patents bring different ownership considerations into the conversation, particularly when employees are inventors. Agreements assigning intellectual property rights can help make everyone's expectations much clearer before a valuable idea turns into a valuable asset.

This is one of those areas where businesses can run into trouble simply because everyone assumed they were on the same page.

As companies grow, they're constantly creating intellectual property, sometimes without even realizing it. Taking the time to understand who owns what can save a lot of confusion later.

09/14/2026

Sometimes the experiment that looks wrong is the one worth looking at twice.

In 1965, chemist Stephanie Kwolek was working with polymers at DuPont when one of her experiments produced something unusual. Instead of the thick, clear solution she expected, she was looking at a cloudy liquid that was thin enough to pour almost like water.

It would have been easy to assume the experiment had failed. Kwolek thought there might be something interesting about it and pushed to have the solution spun into a fiber so it could be tested.

She was right.

Her work led to the development of Kevlar, an incredibly strong, lightweight fiber that would eventually find its way into protective vests, aircraft components, cables, tires, boats and many other applications. Kwolek herself later said she hadn't originally imagined its use in bullet-resistant vests.

We love stories like this because they show how unpredictable innovation can be. An inventor may begin by trying to solve one problem and discover something with applications no one could have anticipated at the time.

Kwolek's story is also a wonderful reminder to stay curious when something doesn't turn out quite the way you expected. Sometimes that's exactly where the interesting part begins.

09/09/2026

IP Is More Present in Everyday Life Than You Might Think

Before most people begin their workday, they have already interacted with countless forms of intellectual property. The phone they use, the software they open, the brands they recognize, the music they stream and even the products they wear can all involve different types of IP protection.

That everyday presence offers an important perspective on what intellectual property actually does.

Consider a smartphone. The technology that allows it to function may involve patented inventions. Its name and logo can be protected through trademarks. Software, graphics and other creative elements can involve copyright, while certain ornamental aspects of the device may qualify for design patent protection.

In other words, a single product can represent multiple intellectual property assets protecting different types of investment.

The same principle applies across industries. Athletic shoes may combine patented performance technology with valuable trademarks. Household appliances may incorporate functional innovations, distinctive designs and recognizable branding. Companies may also rely on confidential formulas, algorithms, manufacturing techniques or internal processes that could qualify for trade secret protection.

Brands are another important part of the equation. A company name or logo helps consumers identify the source of goods or services. As a business grows, those identifiers can accumulate significant value by representing the trust and reputation the company has built in the marketplace.

Technology is making these questions even more relevant. As businesses increasingly use AI to develop content, software, designs and research, questions around creation, ownership and protection are becoming part of conversations well beyond legal departments.

At its core, intellectual property law addresses the relationship between innovation, creativity, ownership and commerce. Businesses of every size create, use and rely on IP, often as part of their everyday operations.

Recognizing those assets is an important first step toward protecting them.

09/07/2026

Great ideas get a lot of attention, but there’s usually a tremendous amount of work behind them.

This Labor Day, we’re celebrating the inventors, entrepreneurs, creators, business owners, and teams who put in that work every day. The ideas we eventually see as products, businesses, brands, and innovations often began with someone willing to keep working at something they believed could be better.

Here’s to the people behind the ideas.

Happy Labor Day from Foley IP Law.

09/03/2026

We have an exciting week coming up in Las Vegas for Running Legal Like a Business 2026!

This year, Foley IP Law is proud to sponsor ADAPT.legal’s IP Mix & Mingle on September 9, bringing members of the IP community together for an evening centered on connection, conversation, and the experiences shaping our profession.

Sarah Foley will also be joining Ashley Cheung of Virtual Patent Gateway for a live podcast conversation on September 8, where they’ll discuss intellectual property, AI, entrepreneurship, and some of the challenges founders face as they grow their businesses.

We’re looking forward to a great week of learning, sharing ideas, and connecting with colleagues across the legal and IP communities.

If you’ll be at RLLB, we hope to see you there!

08/27/2026

Some of the best inventions happen by accident. Others happen because someone knows what to do with the accident.

Ruth Graves Wakefield is often credited with inventing the chocolate chip cookie after adding chopped pieces of chocolate to a batch of cookie dough at the Toll House Inn.

Whether the story happened exactly that way has been debated over the years, but what isn't up for debate is the impact her recipe had. It became one of the most recognizable desserts in America and eventually led to a partnership with Nestlé that helped make chocolate chips a household staple.

It's a great reminder that innovation doesn't always come from a laboratory or a research facility. Sometimes it starts in a kitchen, with curiosity, experimentation, and a willingness to try something new.

Behind many products we use every day is someone who saw an opportunity where others might have seen a mistake.

08/24/2026

Next month, the Foley IP Law team will be in Toronto for the 2026 IPO Annual Meeting, joining intellectual property professionals from around the world for one of the industry's leading conferences.

The IPO Annual Meeting brings together attorneys, in-house counsel, business leaders, and innovators to explore emerging trends, share practical insights, and discuss the issues shaping the future of intellectual property.

We're looking forward to engaging in conversations with colleagues across the IP community, learning from industry leaders, and connecting with clients and peers throughout the week.

If you'll be attending, we'd love the opportunity to connect.

See you in Toronto!

08/18/2026

The conversation around artificial intelligence continues to evolve, and so does the way businesses are approaching it.

Early discussions focused on what AI could do. Today, the conversation is becoming more practical. Organizations are developing policies, setting expectations, and evaluating where these tools can genuinely improve the way they work.

That shift is an important one.

The goal is not to adopt every new platform or keep pace with every headline. It is to understand where AI can create value, where additional oversight is needed, and how innovation can be implemented responsibly without compromising quality or trust.

Technology will continue to move quickly. Thoughtful decision making will always be the foundation for long-term success.

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Oberg Law Office
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