News

Continuing with our previous blog post regarding the impact of AI on various fields, room design will no longer be tied to only aesthetics.  Room design will be about functionality, adaptability, and intelligence. Patents related to room designs will be directed to much more than room layouts.

AI enables room layouts to adapt in real time based on occupant preferences. Smart furniture and lighting systems adjust to create the perfect ambiance, whether for work, relaxation, or entertainment. Personalized AI-driven algorithms may ensure that no two users experience the space in the same way.  This may be popular in restaurants, hotels, stadiums, vacation rentals, and luxury travel.

Rooms may be further adapted to be more dynamic.  AI can analyze movement patterns and automatically reconfigure a space for maximum efficiency. Modular walls, transformable furniture, and robotic assistants help convert a living room into an office or a bedroom into a gym within seconds.  This will allow people to perform a greater number of tasks with a much smaller footprint.

AI-driven climate control systems may optimize heating, cooling, and lighting based on real-time weather conditions, occupancy, and user preferences. These systems reduce energy waste, lower costs, and contribute to eco-friendly living by integrating with renewable energy sources.

AI-powered security systems use facial recognition, behavioral analytics, and smart locks to protect homes and offices. These systems can differentiate between residents, guests, and potential intruders, offering a seamless balance between security and accessibility.  The sensors and cameras used in the security system may also be adapted for robotics.  Thus, while challenges may be present for a robot to navigate a traditional home, smart homes may be built that aid in guiding robots to perform various tasks, thereby accelerating robotics adoption and functionality within homes.

The next frontier of AI room design may include environments that respond to brain activity. AI can detect stress levels, fatigue, or focus states and adjust lighting, temperature, and even background noise to enhance well-being and productivity.  These may be monitored via wearables or sensors and cameras monitoring home occupants.

As AI-powered room designs become more prevalent, patent law plays a crucial role in protecting innovations. Companies and designers are filing patents for everything from AI-driven room reconfiguration algorithms to biometric-based security integrations. The legal landscape is evolving to accommodate these innovations and the professionals at McCoy Russell are here to help navigate these new frontiers.

While McCoy Russell is a nationally ranked for its trademark practice and patent drafting quality and prosecution practice, the firm maintains an active international client base. The firm has significant experience in China, Europe, and Japan advising clients on intellectual property matters.

McCoy Russell collaborates with many esteemed foreign firms and associates, that share in our values of accuracy, timeliness, and substantive response, to assist with international patent and trademark prosecution, patent and trademark licensing, patent non-infringement and invalidity studies, trademark oppositions and cancellations, and patent and trademark litigation matters for clients.

The practice spans all areas of IP law, including helping clients build strong patent and trademark portfolios, and helping them obtain value through licensing and enforcement of portfolio assets. We evaluate infringement risks for new technologies and brands, and help clients conduct due diligence when acquiring intellectual property assets. We represent clients worldwide, ranging from small entrepreneurs to global powerhouses in a wide spectrum of industries.

Significant changes are coming to the renewal process for Registered EU Designs (REUDs) under the EU Design Reform. From May 1, 2025, new rules for calculating renewal periods, grace periods, and renewal fees will go into effect. Businesses managing design portfolios should take note to avoid missteps.

Key Changes to Renewal Timing

REUDs currently expire on the last day of the month in which their registration date falls.  From May 1, 2025, REUDs will instead expire on their exact registration anniversary. A six-month grace period to renew will begin the day after the official expiry date.

Fee Structure

The Amending Regulation also revises the fee schedule. Renewals submitted on or after May 1, 2025 will have increased fees per the below schedule.

• 1st renewal: €150
• 2nd renewal: €250
• 3rd renewal: €400
• 4th renewal: €700

Strategic Considerations

With the shift in both timing and cost, there are some cost saving opportunities if the renewals are filed before May 1.

With focus in developing intellectual property portfolios and a specialty in design practice, please let us know if you would like McCoy Russell to review your design patent holdings to see if there are any potential cost-saving opportunities or strategy updates.

McCoy Russell celebrates its Administrative professionals! Yesterday, McCoy Russell took a moment to recognize and thank its staff for their contributions that make the firm thrive. The contributions from team members are what makes the firm stand out in its client support and outcome achievements.

Recently, the U.S. Patent and Trademark Office (USPTO) established a new working group to strengthen its efforts against fraud and misconduct in the patent process. The Patent Fraud Detection and Mitigation Working Group will focus on protecting the integrity of the U.S. patent system and reducing delays in application processing.

This initiative reflects the USPTO’s ongoing commitment to limit improper activity in patent applications and reexamination proceedings at the USPTO and reduce patent pendency. The group’s priorities include:

• Addressing erroneous micro entity and small entity fee certifications and assertions
• Monitoring suspicious filings
• Identifying and reviewing potential misrepresentations to the USPTO, including false signatures, and when appropriate using the administrative sanctions process to address these misrepresentations

Examples of patent-related threats can be found on the USPTO’s website (https://www.uspto.gov/patents/fraud/examples-threats-patent-system).

At McCoy Russell, we are committed to maintaining the highest standards of integrity and professionalism in all interactions with the USPTO. We take seriously our duty of candor and good faith during the filing and prosecution of patent applications, as outlined in 37 CFR 1.56, and understand that honesty is fundamental to the patent process. Our team upholds a duty of reasonable inquiry and ensures that submissions to the USPTO are accurate, truthful, and made in good faith, in line with 37 CFR 11.18. We also recognize the importance of these responsibilities.  McCoy Russell remains dedicated to ethical practice and the trust our clients place in us.

Most practitioners have experienced it at some point: a filing is made, everything is in order, and then… silence. No update. No progress. Whether it’s a certificate of correction, a petition, or another post-issuance request, stalled matters at the USPTO can be frustrating—not just for attorneys, but for clients who expect clarity and action.

In one recent case, we filed a certificate of correction to address a PTO error on a priority claim in an issued patent. The priority claim was filed correctly in the ADS, and also appeared correctly on the publication. The error in the priority claim on the issued patent, then, clearly originated at the USPTO. Despite clear grounds and proper filing of the certificate of correction, months passed without action. Our follow-ups went unanswered. Our client was understandably frustrated, and we had limited tools to show that we were actively working toward a resolution. Through that experience, we picked up a few strategies that may help others navigating similar delays:

1. Use the Ombuds Office Strategically

The USPTO Ombuds Office can be a helpful resource when normal channels aren’t yielding results, and it is designed to address precisely these situations where progress is stalled. But don’t just reach out and hope for the best—track who you speak with, when, and what was discussed. If they say they’ll look into it, ask for specifics: What steps will you be taking? Will you be reaching out to a particular person or office? Can I be copied or updated when that happens? These questions not only clarify the process, but also give you a basis for meaningful follow-up. When you check in later, you can ask directly about the actions they committed to—putting more pressure on them to move things forward.

2. Follow Up Regularly and Keep a Paper Trail

Persistence is essential. A single unanswered email can disappear into the void—but a pattern of follow-ups establishes a record of your diligence. Maintain a timeline that includes dates of attempted contact and each follow-up attempt (email, phone, etc.), and any responses received (even if vague). This timeline not only helps you stay organized internally, but also gives you something concrete to point to if someone at the USPTO suggests taking a step you’ve already taken. You’ll be able to say, for example, “I’ve called this person three times since November and haven’t received a response,” which can help shift the conversation toward next steps instead of being stuck in a cycle.

3. Call Direct Lines

General office lines or email boxes often go unanswered, even when the voicemail message indicates to expect a return call within 24 hours. If possible, identify a specific person connected to your matter and call them directly. The Ombuds Office may be able to help you identify the relevant person and their contact information, if you ask.

Final Thought:

Delays at the USPTO can feel opaque and uncontrollable, but consistent, organized advocacy can make a difference. And perhaps just as importantly, it shows your client that you’re doing everything within your power to get things moving—even when the process is far from transparent.

McCoy Russell had the opportunity to host INTA’s North America Roundtable at its office in Portland’s Pearl District.  The topic was Green Branding and Sustainability Claims: Navigating Trademarks in an Eco-Conscious World this past week. It was a pleasure to get together with other trademark professionals at all levels of experience within the Pacific Northwest and discuss topics of green branding.  We also discussed experiences with brands that make sustainability claims, and examined past and on-going court cases related to these issues.

One takeaway that came from the roundtable discussion is for brands to be clear about what these green claims mean and to ensure that such statements are actionable versus aspirational.

McCoy Russell appreciates all those who came out to participate in INTA’s Roundtable – it was great to see such a fantastic turn-out within our trademark community. The firm is grateful for the opportunity to host these roundtables and looks forward to participating in future INTA functions.

John Russell is listed within the Top 25 patent prosecution attorneys in Patexia’s Patent Intelligence 2025 report. According to Patexia, this places John among the top 1% in the field. Patexia’s rankings are based on a comprehensive, data-driven analysis of activity and performance.

As one of the firm’s Founding Partners, John’s inclusion showcases the depth of experience and technical knowledge McCoy Russell LLP brings to its patent prosecution and strategy for developing intellectual portfolios.

McCoy Russell congratulates John on his recognition and appreciates his active leadership and guidance at the firm.

While strolling through Ninenzaka in Kyoto, I stumbled upon a wall adorned with intricate “Noh” masks. Traditionally used in classical Japanese performance art, these masks often represent supernatural beings transformed into human heroes who recount stories drawn from ancient literature. On stage, emotions are conveyed through stylized and deliberate gestures—but here, it seemed the artist had captured the spirit of Noh theater in the masks themselves, capturing the same expressive and hyper-stylized energy.

What particularly caught my attention was a small sign next to the artwork: “Pay 100 yen for copyright fee if you take pictures or movies,” accompanied by a slot in one of the masks for depositing coins. It was a clever approach to protecting and monetizing creative expression.

Working in intellectual property law, I appreciated the artist’s initiative. Intellectual property can be monetized in a variety of ways—through licensing agreements, joint ventures, or outright transfers of rights. This was a simple yet effective reminder of the value of creative work and the many forms that IP monetization can take. I was glad to contribute the 100 yen and support their art, while also taking a moment to continue supporting IP systems.