Modern Patent Law
Modern Patent Law delivers authoritative analysis and practical guidance across the complete software intellectual property landscape. Whether you're protecting AI innovations, drafting reverse engineering restrictions, enforcing NDAs, or defending against patent trolls, you'll find rigorous research combined with accessible expertise.
Everything Software IP—From Patents to Contracts
Modern Patent Law delivers authoritative analysis across the complete software IP landscape—from AI patent prosecution to NDA enforcement, copyright protection to patent troll defense.
This platform demonstrates what it advocates: AI-first legal technology built by someone who understands both the law and the code. Every resource reflects two decades of elite practice across Fortune 100 companies, federal agencies, and top-tier IP firms—combined with hands-on software development and AI implementation experience.
From § 101 eligibility strategies for machine learning inventions to strategic contract provisions that courts actually enforce, Modern Patent Law bridges the gap between legal theory and technological reality. The result is sophisticated analysis that respects your experience while delivering actionable insights.
Comprehensive Software IP Coverage
1
Software Patents
§ 101 eligibility strategies for AI/ML inventions, claim drafting for algorithms and computer-implemented methods, PTAB proceedings and patent prosecution
2
AI & Generative AI
Foundation model IP protection, training data copyright and fair use, AI-generated content ownership issues
3
Copyright in Software
Code protection and fair use, open source licensing (GPL, MIT, Apache), API copyrightability post-Google v. Oracle
4
Software Trademarks
Brand protection for apps and SaaS platforms, trade dress for user interfaces, domain name disputes and UDRP
5
Strategic Contracts
SaaS licensing agreements and IP ownership, reverse engineering restrictions, vendor agreements and terms of service
6
Protection & Enforcement
NDA and confidentiality agreement drafting, trade secret protection programs, patent troll defense and litigation strategy
Leading Edge: AI & Generative AI IP Issues
As AI reshapes software development, new intellectual property questions emerge daily. Modern Patent Law provides authoritative, timely analysis on the most pressing issues facing technology companies, investors, and legal practitioners.
Training Data & Inputs
- Copyright implications of scraping and training datasets
- Fair use defenses for foundation model training
- Licensing strategies for proprietary training data
Model Protection
- Patent strategies for novel architectures and techniques
- Trade secret protection for model weights and hyperparameters
- Copyright in model outputs and generated content
Emerging Issues
- Prompt engineering IP rights
- Fine-tuning and derivative model ownership
- Open source AI licensing frameworks (RAIL, OpenRAIL)
- Liability for AI-generated infringement
From foundation model developers to enterprises deploying AI systems, understanding these evolving IP considerations is essential for strategic decision-making. Modern Patent Law tracks developments in real-time, providing analysis that bridges cutting-edge technology with established legal frameworks.
Strategic Contract Drafting for Software IP Protection
Protecting software intellectual property requires sophisticated contractual provisions that courts will actually enforce. Generic templates fail when disputes arise. Modern Patent Law provides practical guidance grounded in case law, statutory interpretation, and decades of negotiation experience.
Reverse Engineering Restrictions
When reverse engineering clauses are enforceable (and when they're not), balancing user rights with IP protection, drafting restrictions that survive DMCA and fair use challenges, state-by-state enforceability considerations
IP Ownership & Assignment
Work-for-hire provisions for software development, contractor agreements and invention assignment clauses, joint development agreements and co-ownership structures, background IP vs. foreground IP allocation
Licensing Provisions
SaaS license restrictions and permitted uses, sublicensing rights and restrictions, license termination and survival clauses, escrow arrangements for source code protection
Every provision must anticipate judicial scrutiny while serving practical business needs. The difference between enforceable protection and expensive litigation often lies in precise drafting informed by deep understanding of both technology and legal doctrine.
NDA & Confidentiality Agreement Excellence
Non-disclosure agreements are your first line of defense for trade secrets and confidential information. Strategic drafting and vigorous enforcement both matter. Generic NDAs create false security—sophisticated protection requires precision.
Preparation & Drafting
- Mutual vs. one-way NDAs: choosing the right structure for your business context
- Defining confidential information with precision while avoiding over-breadth challenges
- Carve-outs: independent development, prior knowledge, public domain—drafted to withstand scrutiny
- Reasonable restrictions: time limits and permitted disclosures calibrated to industry norms
- Injunctive relief and remedies provisions that courts will actually enforce
Enforcement Strategies
- Documenting confidential information before disclosure—establishing foundation for later enforcement
- Tracking and monitoring compliance through systematic protocols
- Pre-litigation demand letters and strategic negotiation
- Emergency injunctive relief for imminent disclosure threats
- Damages theories: actual damages, unjust enrichment, statutory remedies under DTSA
Multi-Layered Protection
- Combining NDAs with comprehensive trade secret programs
- Technical controls: watermarking, access logging, digital rights management
- Employee training and exit protocols that reinforce legal obligations
Trade Secret Protection & IP Enforcement
Comprehensive IP protection requires both defensive strategies and offensive capabilities when violations occur. Modern Patent Law provides systematic frameworks for building robust protection programs and executing effective enforcement actions.
1
Trade Secret Protection Programs
Identifying protectable trade secrets under Defend Trade Secrets Act criteria, documentation and reasonable measures requirements, employee agreements covering invention assignment, non-compete, and non-solicitation, vendor and third-party confidentiality management, exit interviews and off-boarding protocols
2
Enforcement Actions
NDA breach litigation and emergency temporary restraining orders, copyright infringement claims for unauthorized code use, patent assertion strategies and licensing demands, trade secret misappropriation under DTSA and state UTSA, customs enforcement through ITC Section 337 investigations
3
Defending Against Patent Trolls
PTAB strategies including IPR, PGR, and covered business method reviews, challenging assertion entities and shell companies, defensive publications and systematic prior art searching, insurance and indemnification strategies for portfolio protection
Whether you're protecting proprietary algorithms, defending against meritless patent assertions, or pursuing infringers, effective strategy requires understanding procedural leverage points, evidentiary requirements, and cost-benefit analysis. Modern Patent Law translates litigation experience into actionable frameworks for in-house counsel and outside practitioners.
Not Just Theory—Built With AI-First Technology
Modern Patent Law doesn't just analyze AI innovation—it demonstrates it. This platform itself showcases cutting-edge legal technology implementation, proving capability through substance rather than marketing claims.
Proprietary AI Patent Drafting
Custom-built AI system reduces patent application preparation from weeks to approximately 6 hours while increasing technical depth and claim sophistication. This isn't theoretical—it's production technology processing real patent applications.
The system demonstrates practical AI augmentation of complex legal work, combining large language models with structured legal frameworks. Every patent application reveals insights about effective human-AI collaboration in high-stakes legal practice.
Advanced Platform Architecture
Multi-site knowledge ecosystem optimized for different content types and use cases. Sophisticated content generation and management systems. Systematic integration of LLMs for legal research and analysis. Obsidian-based knowledge graphs with AI-enhanced cross-linking creating interconnected research infrastructure.
Walking the Walk: This entire platform—from content creation to visual design to technical infrastructure—proves the author's capability to build what others only theorize about. Every element reflects practical AI implementation in legal technology.
20+ Years of Elite Software IP Experience
Senior IP Counsel with comprehensive patent prosecution, litigation, and strategic counseling background spanning the full software intellectual property lifecycle. This expertise foundation enables the sophisticated analysis and practical guidance throughout Modern Patent Law.
1
Professional Background
Fortune 100 companies & federal government agencies providing in-house strategic counsel. Elite IP law firms including Foley & Lardner LLP and Hogan Lovells handling sophisticated patent prosecution and litigation. Software patent prosecution experience across 100+ applications covering AI/ML, computer vision, natural language processing, and emerging technologies. Brand enforcement programs encompassing comprehensive trademark and copyright enforcement. Contract negotiation for vendor agreements, licensing deals, and strategic partnerships.
2
Technical Foundation
B.S. Biomedical Engineering from Johns Hopkins University. J.D. magna cum laude with strong academic foundation in intellectual property law. Hands-on software development and AI implementation—not just legal analysis of technology but actual capability to build systems. Deep expertise spanning machine learning, computer vision, natural language processing, and generative AI architectures.
3
Current Focus
AI and emerging technology patents addressing novel § 101 eligibility challenges. Software IP strategy for enterprise clients and technology startups. Thought leadership on AI legal issues through multi-platform publication. Building AI-powered legal technology that demonstrates practical application of cutting-edge capabilities.
Research. Analysis. Practical Guidance.
Modern Patent Law produces three distinct content types, each optimized for specific use cases and delivered with distinctive stylistic excellence. Every piece reflects deep expertise combined with accessible explanation—sophisticated analysis that respects reader intelligence.
Case Analysis
Federal Circuit patent decisions with deep doctrinal analysis. PTAB outcomes covering IPR, PGR, and covered business method reviews. Supreme Court patent doctrine and downstream implications. District court claim construction and Daubert rulings.
Writing style: Scalia-inspired textualist clarity—memorable, quotable, intellectually rigorous.
Strategic Guides
How-to resources for patent prosecution and claim drafting. Contract drafting templates and clause libraries. IP portfolio management frameworks. Litigation and enforcement playbooks.
Writing style: Systematic, comprehensive, actionable—Ginsburg-inspired thoroughness without unnecessary complexity.
Thought Leadership
Forward-looking perspectives on AI and emerging tech IP. Policy analysis and legislative developments. Industry trends and strategic implications. Framework papers on novel IP issues.
Writing style: Philosophical depth with practical wisdom—Jackson-inspired elevation of discourse.
Multi-Platform Knowledge Architecture
Modern Patent Law spans three complementary platforms, each optimized for specific content types and use cases. This distributed architecture creates a comprehensive knowledge ecosystem for software IP professionals.
slides.modernpatentlaw.com
You Are Here
Visual presentations and slide decks. Quick-reference materials and overviews. Conference-ready thought leadership content. Gamma-powered professional presentations using Aurum design system. Format: 10-20 slides per topic optimized for visual storytelling.
ip.modernpatentlaw.com
Long-form analytical articles spanning 2,000-5,000 words. Cross-linked case libraries and legal authorities. Comprehensive guides and frameworks. Obsidian Publish-powered knowledge graph enabling sophisticated cross-referencing. Format: Academic depth with accessible explanation.
modernpatentlaw.com
Practice resources and strategic toolkits. Blog-style updates and breaking developments. Community engagement and discussion. WordPress-powered primary hub with flexible content delivery. Format: Diverse content for different audiences and use cases.
Integration: All three platforms cross-reference each other, creating a comprehensive knowledge ecosystem. Readers can move seamlessly from quick visual overview to detailed analysis to practical resources, depending on their needs and time constraints.
For Legal Professionals & Technology Leaders
Software Companies & Tech Startups
In-house counsel and executives managing IP portfolios for SaaS, AI, cloud platforms, and emerging technology products. Strategic guidance from patent prosecution to enforcement.
Law Firms & IP Practitioners
Patent prosecutors, litigators, and IP strategists seeking authoritative research, innovative approaches, and citeable analysis for client matters and court filings.
Investors & Venture Capital
Due diligence resources for evaluating software IP assets in portfolio companies. Understanding patent strength, freedom to operate, and IP risk in technology investments.
Technology & Engineering Leaders
CTOs, VPs of Engineering, and technical founders understanding IP implications of architectural decisions, open source usage, and AI implementation strategies.
Start Exploring Software IP Resources
Browse presentations, articles, and guides organized by topic. From patent fundamentals to cutting-edge AI IP issues, find authoritative analysis backed by 20+ years of experience and demonstrated technical capability.