Are Your AI Prompts Discoverable? Recent Cases Every Company and Law Firm Should Know
Are your ChatGPT, Claude, and Gemini prompts and responses safe from discovery? Recent decisions shed light on the issue to reveal when your AI chat history can be targeted in discovery and when it remains off-limits. How current rules are being applied to frontier generative AI and what every company, in-house counsel, and law firm must do to avoid an AI discovery disaster.
Do Not Let Unclaimed Functions Compromise Your Means-Plus-Function Analysis
In a recent decision by the U.S. Court of Appeals for the Federal Circuit, the appellate court reversed a trial court's finding that a patent claim was invalid for indefiniteness under 35 U.S.C. ยง 112(f). The decision emphasizes that when construing means-plus-function claims, courts must focus strictly on structures that perform the claimed function, without disqualifying them for failing to handle unclaimed tasks mentioned in the specification.
New USPTO Guidance Provides Broader Flexibility for Computer-Generated Designs
On March 12, 2026, the United States Patent and Trademark Office (USPTO) published new examination guidance for design patents related to computer-generated interfaces and icons in response to feedback on past guidance that stakeholders believed unnecessarily limited design applications. Comments on the new guidelines must be submitted by May 12, 2026. While the new guidance is not substantive rulemaking, the USPTO has instructed all USPTO personnel, including the Patent Trial and Appeal Board (PTAB), to follow this guidance even if it is inconsistent with previous guidance.
Libyan Trademark Office: Trademark Renewal Practice Update
The Libyan Trademark Office has recently introduced a change to its practice regarding trademark renewals. Renewal applications will now only be accepted for a fixed term of ten (10) years. It is no longer possible to select a specific number of years for renewal, as was previously permitted.
Qatar Trademark Office: Remote Work and Filing Updates
Due to the implementation of remote work protocols, the Qatar Trademark Office has temporarily suspended the issuance of physical receipts for trademark publication, opposition, registration, and renewal actions that are paid manually at the Ministry of Commerce and Industry counter.
Exploring AI IP Strategy in Hangzhou
On March 11, 2026, at the invitation of the Zhejiang Provincial Intellectual Property Protection Center, Ms. Han-Mei Tso, Chief Representative of OBWB's Hangzhou Representative Office, delivered a special training session titled "Building a Comprehensive AI Intellectual Property Strategy: Data Compliance, Content Ownership Determination, and Core Technology Protection."
Trilateral IP Cup in Mexico
Ahead of the 2026 FIFA World Cup, the Trilateral IP Cup was hosted by AIPPI. OBWB Partner, John Osha, participated as moderator of the panel on the Future of AI Regulation.
EPO and IP Australia Launch PCT Pilot Program
Effective March 1, 2026, Australian applicants can designate the European Patent Office (EPO) as both the International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT, as part of a two-year pilot program.
OBWB @ INTA 2026
With the world's largest annual gathering of trademark and intellectual property professionals just weeks away, OBWB is pleased to announce the team representing the firm at INTA 2026 in London.
Qatar Announces New Innovation and IP Support Initiative
The Qatari Ministry of Commerce and Industry (MOCI) has announced the launch of a new initiative aimed at supporting innovators, inventors, and rights holders.
