Blog
Explore the latest insights, tips, and expert analysis from MLO on intellectual property.
Open Source Without the Headache
6/22/2026: Open‑source software powers modern products, accelerating development and reducing costs. But while open source is free to use, it is not free from legal IP risk. The key is not avoiding open source—it is using it deliberately.
Hot Sauce, Cold Vodka… Same Bottle? A Trade Dress Showdown
6/23/2026: Most business owners think trademark protection starts and ends with a name. But sometimes, the real brand power isn’t in the name at all; it’s in what customers recognize before they even read the label. That’s exactly why a recent dispute involving McIlhenny Company, the company behind TABASCO, and Stoli Group (USA) LLC is getting so much attention.
Can I Patent a Process If People Already Do It Manually?
5/4/2026: When people think about patent eligibility issues under Section 101 of the US Patent Law, they often think about software. And that makes sense. Many recent patent eligibility disputes have involved software, artificial intelligence, data processing, and computer-implemented inventions.
Trademark Rights: When Fame Complicates the Analysis -What the “Showgirl” Dispute Teaches Us
4/27/2026: Fame can amplify a brand — but it doesn’t erase someone else’s trademark rights. In this post, we break down what the “Showgirl” dispute reveals about reverse confusion, brand protection, and why early trademark strategy matters more than many businesses realize.
Protecting Software & AI Innovation: What Technology Leaders Need to Know
03/18/2026 If you’ve ever dipped a toe into the world of software or AI patents, you’ve probably heard of the Alice/Mayo test. If you haven’t, I envy you—because this test has been challenging for patent attorneys and inventors for over a decade. But good news: this guide will quickly get you up to speed, without requiring you to become a patent attorney.
Your 2026 IP Readiness Checklist: What Leaders Should Do in the New Year
01/21/2026 As we enter a new year, leaders often find themselves sighing with relief after pushing to meet year-end goals, finalizing roadmaps, and attending the occasional holiday party. Amid the chaos, one critical task can slip through the cracks: intellectual property readiness. Now that the calendar has flipped to 2026, it’s worth asking—are you prepared to protect what you and your team have built?
How to Patent Software Inventions: What You Need to Know
11/24/2025: Patenting software is not like putting a copyright on your favorite meme...it’s tricky because software by itself is often considered an abstract idea, and abstract ideas do not get patents. To make your invention patent-worthy, you need to show more. Does it solve a real technical problem in a real technical way? Does the invention provide significantly more than what’s been done before?
From Batman to Barbie: My Journey through MLO’s Evolution
Back in 2006, I was just another IP attorney, clocking in one day a week at client sites, helping them navigate their intellectual property needs. It was solid work, the kind that rarely made headlines but was crucial for my clients’ success. It wasn’t glamorous, but I was there to serve and help them get the right IP support. But what began as a small consulting gig has now evolved, eighteen years later, into something bigger—a custom IP solutions firm. Along the way, I’ve learned that the best journeys are often the ones you don’t plan.
Protecting Innovation: A Practical Guide for Patents and Trade Secrets
June 18, 2025: As a patent attorney, one of my primary goals is to help my clients navigate the complex but rewarding terrain of intellectual property (IP) protection. This post summarizes the key takeaways from a recent presentation I delivered to a client on patents and trade secrets— with practical advice tailored to support that client’s business strategy.
Time is Money: Patent Timing Strategies at the USPTO
May, 27, 2025: Whether you're gearing up for a funding round or looking to manage costs strategically, understanding how to speed up—or slow down—patent prosecution can make a real difference. In this month’s blog, MLO’s David Jackrel, PhD breaks down key strategies for navigating the USPTO timeline.
Foreign Filing Strategy
Patent protection is a key part of a business strategy, but patent rights are territorial—there is no worldwide patent. Therefore, deciding where to file patent applications is critical.
When Acquisition Is Your Goal — How Important Is IP?
10/28/2025: If you’re positioning your company for acquisition, your intellectual property (IP) can be one of your most valuable assets. Whether it’s your brand, your “secret sauce,” or your patents, strong IP protection not only helps you operate confidently today but also adds measurable value when investors or acquirers come calling in the future.
Here’s a quick checklist to help you build and protect your IP portfolio across trademarks, trade secrets, patents, and copyrights.