Monthly Archives

June 2025

A New Direction for AI Patent Filings in 2025

A recent article out of Tsinghua University, a top tech university in China, is generating some interest in the field of AI regarding potential limitations of reinforcement learning in developing reasoning models. Why does this matter? One reason is that reinforcement learning has been a major factor in the recent improvement of large language models (LLMs) at reasoning tasks. Another reason is that reinforcement learning is thought by many to be an important tool towards achieving artificial general intelligence (AGI).

Last fall Open AI released a new family of LLMs, referred to as o-series models, with enhanced reasoning capabilities. These models mimic reasoning patterns that humans use when solving problems, such as making a plan first, breaking tasks down into steps, and backtracking when mistakes are made. When given problems to solve, these models produce “chain of thought” (CoT) responses that include reasoned explanations of how a solution was arrived at. These models outperform non-reasoning LLMs such as ChatGPT-4 in that they arrive at solutions faster, meaning, with less tries.

These LLMs are trained using a type of reinforcement learning called Reinforcement Learning with Verifiable Rewards (RLVR). RLVR starts with a base model LLM that is pre-trained using supervised learning (such as a version of ChatGPT), and optimizes the model using reinforcement learning where automatically computable rewards are provided when the model’s output matches ground-truth data. For example, the model may be given a mathematical problem, where a reward is given if a solution is obtained, or the model may be given a programming task, where a reward may be given if code outputted by the model is successfully executed. During this secondary training, the LLM learns strategies that maximize the rewards. This simple concept has proven remarkably effective at training models for some kinds of reasoning tasks. For example, agents trained using RLVR to play Go have outperformed humans by discovering previously unknown strategies.

However, until this article came out, whether or not LLMs trained using RLVR are able to develop truly novel reasoning strategies has remained an open question. Researchers at Tsinghua set out to test this hypothesis, with some surprising results. What they discovered is that although the reasoning models trained using RLVR are able to solve some problems faster and more efficiently than the base models, the reasoning models are only able to come up with solutions that the base models would eventually figure out if given enough time (meaning, enough tries). Even more surprising, they discovered that when given enough time, the base models actually outperformed the reasoning models. That is, if you limit the number of tries to get a correct answer to a problem, the reasoning models perform better than the base models, but if you allow unlimited tries, the non-reasoning models show better performance and end up being able to solve more types of reasoning problems.

In other words, the reinforcement learning makes the models reason faster and more efficiently, but the reinforcement learning process is not able to get the models to “think outside the box”. The research suggests that this class of LLMs are capable of generalizing to new data that is similar to the data they are trained on, but not able to perform “out-of-distribution generalization”, meaning, to reason outside of what the models learned during their own training. These models still lack the capacity for adaptation.

However, the research team found more positive results with respect to a different approach used to train LLMs to find solutions more efficiently, called distillation. In model distillation, a large, complex model referred to as a “teacher” is used to train a smaller, more efficient model, referred to as a “student”. The student model is trained to mimic the output of the teacher, effectively transferring the knowledge of the teacher to the student in a more compact form. The teacher is trained on a dataset, and the student is trained on both the dataset and the output predictions of the teacher. The teacher may be pre-trained, or the teacher and the student may be trained simultaneously. This can result in the student model being able to generate similar predictions as the teacher model, but faster and with a smaller overhead.

The research team studied the reasoning capabilities of a Deep Seek distilled model, and they found the performance of the distilled model to be consistently and significantly above that of the base model. As stated in the paper, “this indicates that, unlike RL that is fundamentally bounded by the reasoning capacity of the base model, distillation introduces new reasoning patterns learned from a stronger teacher model. As a result, the distilled model is capable of surpassing the reasoning boundary of the base model.”

It will be interesting to see how the industry reaction to this paper affects tech companies’ patent portfolios. In addition to spurring advances in reinforcement learning algorithms, one might expect to see an increase in AI patent filings on distillation training techniques.

IP Strategy for Cost-Reducing Prosecution

Businesses and inventors—especially those in growth phases—face the balancing act of protecting innovation while controlling costs. At McCoy Russell, we believe a strong IP strategy should go beyond cutting expenses; it should add long-term value. Here are 7 strategies to help optimize your patent and trademark prosecution efforts:

  1. Prioritize Strategic Portfolio Planning

Collaborate closely with your intellectual property attorney to identify key inventions or trademarks that align with your business objectives. By prioritizing protection for the most commercially viable assets, you can avoid unnecessary expenses and focus your resources where they matter most.

  1. Conduct Prior Art Searches Selectively

Depending on your IP strategy and how an innovation fits into your portfolio, searching may or may not make sense.  When searching is utilized, it should be conducted in a cost effective way.  Search can aid in assessing patentability and reducing unnecessary prosecution expenses and negative outcomes.

  1. Use Provisional Patent Applications Wisely

Provisional patent applications that fully describe an invention can be strategically utilized to secure an early filing date and delay expenses to enable marketing, business development, etc. This approach offers a 12-month grace period to explore market potential, develop improvements, and seek potential licensees or investors.

  1. Explore International Filings

Expanding your intellectual property protection beyond national borders can be a substantial expense. McCoy Russell is experienced in international filings and navigating cost-effective routes, including leveraging the PCT or Madrid Protocol.

  1. Consider Collaborative IP Management

Consider sharing costs through cooperative agreements, joint ventures, or patent pools with other inventors or businesses in your industry to help lower the financial burden. McCoy Russell helps its clients navigate these collaborative arrangements and negotiate favorable terms.

  1. Monitor and Evaluate Your IP Portfolio

Regularly review your IP portfolio, eliminating or transferring assets that no longer align with your business strategy to save on maintenance fees.

  1. Leverage Technology and Automation

Leverage technology tools and software to automate tasks and streamline patent and trademark prosecution processes. McCoy Russell has propriety software developed in-house, licensing available through IronCrow AI, made for patent professionals by patent professionals to automate tedious tasks and free up time to work on harder aspects of prosecution.

Protecting your IP doesn’t have to come at the expense of innovation. With the right approach, you can safeguard your assets and stay on budget. McCoy Russell has the technical expertise and experience to help clients achieve long-term success in developing their intellectual property portfolios. To learn more, contact McCoy Russell at info@mccrus.com.

Data Center Innovation & AI

AI is powered by data centers and as it continues its growth and reshapes virtually every industry as we know it, data centers will grow with it.  Data centers will grow to be more than just large warehouses with racks of servers running computations.

Future data centers will be able to shift load demands by incorporating a heterogeneous computing environment.  Current data centers are designed for general purpose computing traditionally for a single task-type.  Future data centers may be able to dynamically reallocate computer, memory, and storage resources based on workload requirements.

And while these data centers will require large amounts of power, for which innovation will be required, as described in a previous post, cooling advancements will be equally important.  AI hardware may begin to consume 10x current power consumption values.  Advancements in cooling may be a two-pronged approach including improved cooling methods while also optimizing power consumption based on workloads, seasonality, and user behavior.  It is foreseeable that a competitive metric for a data center may be based on performance per watt.

As these facilities evolve, they will become the engines of industry.  Companies that learn to innovate within these domains will define industries.  At McCoy Russell, we are here to support IP portfolio development with regard to AI and any other field to prepare for an evolving business landscape.

South Korea Amends Design Protection Act

On May 1, 2025, South Korea’s National Assembly passed significant amendments to the Design Protection Act (DPA), aiming to improve the integrity of design registrations and strengthen the protection of legitimate design owners. The changes target three key areas:

  1. Stricter Rejection Criteria in Partial Examinations

Design applications in Korea may undergo either full or partial-substantive examination, depending on their classification. Under the partial examination process, designs are typically registered after only minimal review. However, the revised law empowers examiners to reject applications that clearly lack novelty or conflict with pre-existing designs. This change is intended to prevent misuse of the system, particularly attempts to register previously disclosed designs for improper enforcement.

  1. Extended Opposition Period

Previously, third parties had only three months from the publication date to oppose a design registered via partial examination. The amendment extends this window to three months from when an infringement notice is received, with an absolute limit of one year from the publication date. This extension provides more time for affected parties to challenge questionable design registrations.

  1. New Legal Path to Establish Design Ownership

Until now, those contesting design ownership had to invalidate the registered design at the Intellectual Property Trial and Appeal Board (IPTAB) and reapply under their name—a complex and costly process. The amendment introduces a more efficient solution: courts can now directly order the transfer of design rights if the claimant proves legitimate ownership, simplifying disputes and improving access to justice.

These amendments mark a significant shift toward greater transparency, fairness, and protection in South Korea’s design registration system.