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The USPTO welcomed its new Director, John Squires

The USPTO has welcomed John Squires as the new Under Secretary of Commerce for Intellectual Property and Director of the USPTO. In this role, he will work with colleagues to help shape intellectual property policy, foster innovation, and strengthen U.S. competitiveness on the global stage.

As a long-time practitioner and strong supporter of the patent system, Mr. Squires experience and perspective will impact the USPTO in ways that we hope will better support inventors, businesses, and all who rely on the patent and trademark system.

McCoy Russell continues to stay on top of shifts and policy changes at the USPTO to help innovators, businesses, and brands secure strong protection for their ideas and position themselves for success.

The Role of IP in Shaping the Future of Food

I ordered a salmon dish at a restaurant yesterday, and didn’t think twice about it being identified on the menu as “wildtype” as opposed to “wild caught” until after the meal, when the waitress handed me a card notifying me that I was among the first to try Wildtype cell cultivated salmon. That certainly piqued my interest, so I did some research on the process explained on the Wildtype website. In short, living cells are extracted from Pacific salmon, and cultivated under specific conditions (temperature, pH, nutrients, etc.). Once proliferated, the cells are harvested and combined with plant based ingredients in order to mimic the properties of natural salmon fish fillets.

The synthesized salmon does not taste exactly like natural salmon, however, benefits such as a lack of toxins found in wild caught and farm-raised salmon may outweigh the slightly different experience. Further, reducing prevalence of fishing and farming could have a positive impact on the environment. Although the nutritional profile does not quite match natural salmon fillets yet, the potential is promising as a possibly normalized salmon alternative. At the least, the future of food synthesis industries will be interesting to watch unfold as these potentially environmentally friendly alternatives seem to rapidly become more popular.

As companies like Wildtype push the boundaries of food innovation, the role of intellectual property becomes central. Protecting breakthrough processes, unique branding, and proprietary technologies is not just about safeguarding inventions—it’s about building long-term value and competitive advantage.

McCoy Russell recognizes that for businesses, clients, and brands entering emerging industries, developing a strong IP portfolio with the guidance of professionals ensures that investments in research, development, and market positioning are fully protected. A well-structured IP strategy can open doors to partnerships, attract investors, and secure a company’s place in a rapidly evolving marketplace. Contact us if we can be of assistance.

Amendments to the Design Examination Guidelines in Korea

The Korean Intellectual Property Office (KIPO) has revised the Design Examination Guidelines which went into effect on June 16, 2025. McCoy Russell shares the following updates.

  • Similarity Evaluation Between Entire and Partial Designs
    KIPO has revised its examination standard to correct the prior practice of automatically deeming partial designs dissimilar to full designs, regardless of actual visual similarity. Examiners must now assess similarity on a case-by-case basis, enabling more accurate evaluation and allowing related design registrations across entire and partial designs.
  • Automobile Interior Design Applications
    The amendment clarifies that multiple interior components of a vehicle—when functioning together as an integrated unit—can now be registered as a single design. This resolves prior inconsistencies where some examiners required separate registrations for each component.
  • Evidence Submission for Novelty Exceptions
    KIPO now allows examiners to issue a notice when an applicant claims an exception to loss of novelty but omits required evidence. This gives applicants a chance to correct the oversight, a change from previous practice where such claims were disregarded without notice.

McCoy Russell is a nationally ranked for its trademark practice and patent drafting quality and prosecution practice, and maintains an active international client base helping to build strong patent and trademark portfolios. The firm continues to monitor updates for national and international intellectual property offices to better serve clients.

John Russell Recognized in Chambers USA Guide for 2025

McCoy Russell congratulates John Russell on his continued recognition in Chambers and Partners USA Guide 2025 for his practice in intellectual property in Oregon.

John plays an active role in developing McCoy Russell’s patent strategies, working closely with clients in developing their intellectual property portfolios. As a former inventor at Ford Motor Company, John brings a unique and practical perspective to inventors and inventing teams when it comes to developing and securing protection for novel technologies. Further, John shares his practical perspective via his blog www.mriplaw.com – a top patent law blog independently maintained by John. With over 20 years of practice, John’s legal and technical expertise continues to support and benefit clients at all sizes, from start-ups to multi-national corporations.

Developing an Intellectual Property Portfolio: Regularly Review and Update

McCoy Russell understands the importance of regularly reviewing and updating a business’s IP portfolio and related strategy. Intellectual property assets are constantly evolving, and it is advantageous to ensure that your portfolio remains aligned with your evolving business goals and technological advancements.

By regularly reviewing your IP portfolio, you can identify any gaps or areas that may need additional protection. This proactive approach allows you to address any potential vulnerabilities before they become a problem. It also ensures that your portfolio provides comprehensive protection for your valuable intellectual property assets.

Technological advancements play a significant role in today’s business landscape. New technologies emerge, and existing ones evolve at a rapid pace. By staying up-to-date with these advancements, you can identify opportunities to enhance your IP portfolio. This may include filing new patent applications to protect innovative products or processes, or modify claims of pending applications to cover improvements or modifications.

Furthermore, reviewing and updating your IP portfolio allows you to align it with your evolving business goals. As your business expands into new markets or introduces new products or services, your IP strategy needs to adapt accordingly. By regularly assessing your portfolio, you can ensure that it supports your business objectives and provides the necessary protection in the areas that matter most to your company.

In addition to protecting your intellectual property assets, regularly reviewing and updating your portfolio and strategy can also have financial benefits. By identifying and addressing any gaps or weaknesses, you can avoid continuing with annuities or maintenance fees of applications no longer core to the business and for which infringement by competitors is unlikely or irrelevant to the business. It also allows you to optimize your IP strategy, ensuring that you are not wasting resources on unnecessary or ineffective protection.

To effectively review and update your IP portfolio, it is advisable to seek the assistance of an experienced intellectual property law firm. They can provide valuable insights and guidance, helping you identify areas that may need attention and suggesting strategies to enhance your portfolio’s protection.

McCoy Russell has the experience and expertise to provide the necessary guidance to ensure that your portfolio remains aligned with your evolving business goals and technological advancements. The firm is dedicated to providing comprehensive and tailored solutions for intellectual property needs. McCoy Russell’s expertise in IP law, combined with the understanding of the ever-changing business landscape, allows the firm to assist business’s in regularly reviewing and updating your IP portfolio effectively.

Aligning IP and Marketing with Business Goals

During the lifespan of a company, there is a continuous balancing of capital towards various expenses.  Two of the more consequential and frequently competing line items are advertising and patent protection.  Both can be essential to long-term success, but each serves a fundamentally different purpose – thus, what are important factors to consider to strike the right balance?

For companies in a “winner-takes-most” industry (like an Nvidia) or in a space with competitors filing a large number of patents, then a budget favoring patent protection may be preferred.  Alternatively, for companies in a service or a brand-based industry, advertising may be more important.

It can be difficult to measure the utility of a patent due to the significant time gap between filing a patent and its issue date, whereas advertising may yield a faster feedback loop.  In some instances, biasing marketing may be preferred if cash flow needs are more immediate.  However, this may hamstring long-term company growth.  Early patent filings may increase company valuations and deal leverage.  Patents may include the intrinsic benefit of providing legitimacy to a product in a crowded field.

Reverse engineering of a product may be another good reason to file a patent.  Alternatively, if a product has a secret formulation, such as Coca-Cola, it may be best to avoid public disclosure.

Regardless, both advertising and patent protection need to be executed correctly.  Miscalculated advertising campaigns can sow negative public sentiment.  Patents that are poorly drafted or narrow in scope may waste company money and open space for competitors to mimic or commercialize a competing product.  When considering developing a patent portfolio, it is important to work with a firm, such as McCoy Russell, that values client success and patent quality over financial gain. Contact us if we may be of assistance.

Artificial Intelligence & Machine Learning Specialty

McCoy Russell’s has an established specialty practice in area of Artificial Intelligence and Machine learning. Having significant success with drafting and prosecuting patents relating to artificial intelligence (A/I), machine learning (M/L), and neural networks, the firm continues to refine this area of focus by not only strategically utilizing guidance’s outlined by the USPTO, but looking for new approaches and opportunities.

McCoy Russell was ranked as one of the top Intellectual Property Firm for Alice allowance rates and for overcoming Alice rejections according to Juristat. Many cases relating to A/I and M/L typically receive Alice rejections due to the alleged abstract nature of these novel innovations. McCoy Russell’s high Alice allowance and overcome rates are a testament to the firm’s technical focus and strategic effectiveness.

McCoy Russell’s AI and machine learning work extends across a number of broad industries.  Drafting and coordinated strategies have been developed for coverage of improvements related to deep learning, neural networks, convolutional networks, network training, adaptive learning, and mapping across a range of fields including image processing, speech processing, automatic controls, diagnostics, machine vision, robotics, virtual reality, blockchain, Internet of Things (IoT), medical data analysis, and other big data analytics, including insurance claim analysis. Contact us if we can be of assistance.

A Portfolio-Based Approach to Create Strong Branding

In the saturated market of innovation, protecting intellectual assets necessitates a strategic perspective that integrates more holistic practices. McCoy Russell’s portfolio-based approach leverages patents, trademarks, copyrights, and trade secrets for its clients to fortify market presence, technological advancements, and create strong brand identity.

An indispensable strategic compass, the firm’s approach helps guide decision-making by aligning a business’s existing IP assets to future brand aspirations. This strategy mitigates the risk of infringement, enhances the overall value of intellectual capital, and ensures that the IP portfolio aligns seamlessly with a company’s trajectory.

Further, McCoy Russell’s portfolio-based approach serves as a framework to scrutinize and strengthen existing IP portfolios. With brand and technology landscapes becoming increasingly competitive, this approach allows for the identification of redundancies, outdated assets, and inefficiencies that may have accrued over time. The result is a diverse and efficient IP portfolio, meticulously tailored to business objectives and budgets.

McCoy Russell has long understood the importance of developing a diverse IP portfolio providing presentations and training to numerous groups and clients. The firm is available to provide training, lead brainstorming, and support the innovation lifecycle for brands developing and strengthening their portfolio.

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.