NK Patent Law

10/07/2026

Is your company a good fit for NK Patent Law?

For NK, the strongest client relationships are built around more than filing an application and moving on to the next project. They’re partnerships with companies that value collaboration, open communication, and an IP strategy connected to what the business is actually trying to accomplish.

Many NK clients have ongoing R&D, multiple product lines, and intellectual property needs that evolve alongside the business. That can mean building a patent portfolio, navigating competitor patents, evaluating product-development risks, or making decisions about where IP investment will provide the most value.

But there isn’t one definition of the “right” client. Startups and individual inventors may also be a great fit, particularly when there’s a broader vision for the innovation and an understanding that intellectual property can be a business asset rather than simply a box to check.

Wondering whether NK Patent Law might be the right fit for you? Visit our FAQ page to learn more about how we work and explore answers to other frequently asked questions. https://ow.ly/YvyA50ZVvgJ

These are some of the most frequently asked questions we receive from companies and legal departments seeking comprehensive IP protection.

09/30/2026

FAQ: Should we patent everything?

Filing on everything is not a strategy. Neither is filing on nothing.

Which parts of what you’ve built would actually hurt if a competitor shipped them, and which of those can you describe well enough to claim? That can be a shorter list than many people think, and it often isn’t the same list that engineering takes pride in or that marketing loves to talk about.

Some things belong in a patent. Some are worth more as trade secrets. Some aren’t worth protecting at all. The hard part is figuring out which is which, and why. But doing that up front is usually cheaper than filing broadly with no strategy and worrying about it later.

Once you know what belongs in a patent, the difficult strategy questions begin. How broadly to claim it, and whether the claim you can get is one a competitor would have to design around. Whether to file now or wait six more months while you continue developing, when the first-inventor-to-file system rewards filing early. Whether to keep a continuation open so you can follow the market evolution. Whether your patent application gives your competitors a roadmap that you don’t want them to have.

The early strategic decisions define the playing field for years to come, so they’re worth making deliberately.

Contact NK Patent Law to discuss how to build your IP strategy to support your business. https://ow.ly/Ollo50ZMCSE

North Carolina patent attorney contact. Serving Durham, RTP, Cary, and Research Triangle Park. Contact NK Patent Law for a consultation.

09/28/2026

Patent claims that survived a Section 101 motion to dismiss in one Texas district were held ineligible in another.

A patent owner asserted the same e-commerce patent against a series of retailers. In the Western District of Texas, two motions to dismiss on eligibility were denied. In the Eastern District, the same claims were held ineligible at the pleading stage, and the Federal Circuit affirmed that dismissal last month without reviewing the eligibility ruling.

The procedural posture got most of the attention. The lesson is that eligibility was arguable enough to go either way, and the claims show why.

Look at what they actually recite. Debit a user’s account. Use a bridge computer to determine whether the vendor’s service provider is the same one holding the user’s account. Credit the vendor from the right source, reimbursing the intermediary provider if they differ. All performed by a generic computer. Nothing about the computer working better.

That distinction is the one that software and AI claims depend on, and it’s determined when the patent is drafted, years before anyone files a motion.

https://ow.ly/kfwl50ZMCRu

Improper venue did not stop Judge Jordan from also holding the claims ineligible. AML IP v. Bath & Body Works and the one-way discretion it confirms.

09/24/2026

Ever heard someone talk about “patenting AI” or “AI in patents”? These phrases show up a lot, and they often mean three different things.

Your engineers used AI to develop your product. Your product runs on an AI model. You used AI to write your invention disclosure, and your patent attorneys used AI to prepare your patent application. An AI company can hit all three of these at once.

The USPTO has addressed each in a separate guidance document, and each raises a different question. Who do you name as inventor? Are the claims eligible under Section 101? What has to be disclosed to the Patent Office?

If AI plays a role anywhere in your R&D or commercialization pipeline, check out the full article to see what the latest guidance says about each: https://ow.ly/g10k50ZMCR5

Learn where AI appears in the patent process, how it is used, and what inventors and businesses should consider when navigating AI-related tools.

09/17/2026

Declaring war, coining money, and . . . your patent?

Constitution Day fun fact: the framers put patents in Article I, Section 8, Clause 8, the same list of congressional powers as declaring war and coining money. Apparently, protecting inventors was a founding-level concern.

And it’s still the basis for every patent application we file.

09/15/2026

When does a patent owner have to put an alleged infringer on notice, and how specific does that notice need to be?

It is an important question because direct patent infringement is a strict-liability offense. At the same time, Section 287(a) of the Patent Act can limit the damages a patent owner may recover when patented products have not been properly marked. In those situations, damages generally become available only after the alleged infringer receives sufficient notice of the infringement.

Federal Circuit precedent provides some useful guideposts. Actual notice requires more than simply pointing someone toward a patent. The communication should identify the patent and the activity or product believed to infringe it, although the patent owner does not necessarily have to threaten immediate litigation.

One detail that often generates questions is whether a notice letter must include claim charts. Courts have generally not treated detailed, limitation-by-limitation claim charts as a requirement for sufficient notice. They can certainly help communicate an infringement position, but the case law suggests that specificity and context matter more than following one prescribed format.

The issue is particularly timely following the Federal Circuit's August 2026 decision in VDPP, LLC. Volkswagen Group of America, which reinforced that Section 287's marking requirements can apply when licensees make patented products as well. That decision did not settle what a notice letter must contain, leaving this an area of patent law worth watching.

How much information do you think a patent owner should have to provide before the clock can begin running on infringement damages? https://ow.ly/TlSH50ZMCQ2

The patent statute requires that patent owners put would-be infringers on notice of their intellectual property rights before they are able to hold them liable for any acts of infringement. But what does a notice letter need for it to count?

08/28/2026

A strong patent portfolio is not measured by the number of patents you own. It is measured by how well those patents support your business goals.

Let’s take a look at why patent portfolio management is an ongoing strategic process, not a one-time filing decision. From aligning patents with product roadmaps and managing continuation strategies to evaluating international filings and maintaining valuable assets, thoughtful portfolio management can strengthen competitive positioning, support future growth, and maximize the long-term value of your intellectual property.

Whether you are building your first patent portfolio or refining an established one, a strategic approach today can create lasting business advantages tomorrow. https://ow.ly/TMHg50ZuJ8e

Learn how patent portfolio management helps businesses build a strategic IP portfolio that protects innovation, supports growth, and aligns with business goals.

08/24/2026

FAQ: How long does it take to register a U.S. trademark?

Many people are surprised to learn that the process is not measured in weeks. In most cases, you should expect it to take approximately 8 to 12 months, and sometimes longer, depending on whether the USPTO issues an Office Action or if a third party opposes the application during the publication period.

Understanding the trademark process and setting realistic expectations can help you avoid surprises and make more informed decisions as you build and protect your brand.

Have more trademark or patent questions? Visit the FAQ page on the NK Patent Law website for straightforward answers to many of the questions inventors, entrepreneurs, and technology companies ask most often. https://ow.ly/SR1Y50ZuJ7Q

08/20/2026

We are proud to celebrate an exceptional achievement by Doug Meier, who has been recognized in The Best Lawyers in America® 2027 and has also been named Lawyer of the Year for Patent Law – Raleigh.

The Lawyer of the Year distinction is awarded to a single attorney in each practice area and geographic region whose professional excellence has earned particularly high recognition from peers. Receiving both honors reflects Doug's longstanding commitment to helping innovators, entrepreneurs, and businesses protect their intellectual property through strategic patent counsel.

Congratulations, Doug, on this well-deserved recognition, and thank you for your continued dedication to excellence in intellectual property law. https://ow.ly/tiq950ZBU6Q

08/19/2026

competitive advantage, support long-term business goals, and create intellectual property that delivers lasting value.

At NK Patent Law, our Patent Prosecution and Portfolio Management practice is built around understanding both your technology and your business. We work with inventors, startups, and established companies to develop strategic patent portfolios that are cost-effective, commercially meaningful, and designed to withstand future scrutiny.

Our services include:

• Provisional and utility patent applications
• Design patent applications
• Patent Cooperation Treaty (PCT) applications
• Patentability and infringement opinions
• Due diligence
• Patent landscaping
• Ongoing portfolio management and strategy

With technical backgrounds in engineering and science, our attorneys and patent agents help clients navigate every stage of the patent prosecution process while keeping long-term business objectives at the forefront. https://ow.ly/N1NO50ZuHyw