Intellectual Property Development

CipherLaw advises technology companies on building, protecting, and leveraging intellectual property assets. Our practice focuses on AI and cybersecurity technologies, where patent strategy, trade secret protection, and open source compliance intersect with rapidly evolving technical and legal landscapes.

Effective IP protection requires more than filing applications. It requires understanding how the technology works, where it sits in the competitive landscape, and how IP assets can support business objectives—from fundraising to market positioning to eventual exit. Our practice draws on experience building patent portfolios that have served as collateral for financing, developing foundational patents in cryptography that were ultimately acquired, and advising companies from formation through IPO on IP strategy.

We work with companies at all stages, from early-stage startups establishing their first patent positions to growth-stage companies optimizing portfolios for strategic value.

Patent Strategy & Prosecution

We partner with clients to identify patentable innovations and develop filing strategies aligned with business objectives. This begins with understanding the technical architecture of the invention, the competitive landscape, and the client's commercial goals—whether building a defensive position, creating licensing opportunities, or enhancing company valuation for fundraising or exit.

Our prosecution work includes prior art searching, claim drafting, and management of applications through the USPTO. We handle office action responses, claim amendments, and examiner negotiations with attention to building claim scope that provides meaningful protection rather than narrow rights easily designed around.

Patent protection for AI and cybersecurity technologies presents particular challenges. Machine learning inventions face heightened scrutiny under Section 101, requiring careful claim drafting that emphasizes technical implementation over abstract concepts. We structure claims around concrete system architectures, specific data processing steps, and measurable technical improvements. For AI-assisted inventions, we navigate evolving USPTO guidance on inventorship and disclosure requirements.

Cybersecurity patents require similar attention to technical specificity. Claims directed to encryption methods, authentication protocols, or threat detection systems must be grounded in technical detail sufficient to distinguish from prior art and survive eligibility challenges. We work closely with engineering teams to identify the specific technical contributions that warrant protection.

Timing is critical in fast-moving fields. We help clients make strategic decisions about provisional versus non-provisional filings, continuation strategies to capture evolving implementations, and the trade-offs between patent protection and trade secret status for innovations where disclosure may not serve business interests.

Portfolio Management

A patent portfolio is a business asset that requires ongoing attention. We work with clients to align their portfolios with evolving business objectives, competitive positioning, and technological development.

Portfolio management begins with assessment. We evaluate existing assets for claim scope, geographic coverage, remaining term, and alignment with current products and technology roadmap. We identify gaps where additional protection is warranted and areas where maintenance costs may not justify continued investment.

For companies in AI and cybersecurity, portfolio strategy must account for rapid technological change. Machine learning architectures evolve quickly; a portfolio built around one generation of technology may require continuation filings to cover subsequent implementations. Cybersecurity portfolios must anticipate shifts in threat landscape and defensive techniques. We help clients build portfolios with sufficient breadth to remain relevant as technology develops.

We advise on continuation and divisional strategies to maximize value from foundational filings. This includes identifying claim variations that cover alternative implementations, defensive claims that create design-around challenges for competitors, and claims positioned for potential licensing opportunities.

For companies preparing for financing or acquisition, we assess portfolio strength through the lens of investor and acquirer expectations. This includes evaluating claim quality, identifying any ownership or assignment issues, and implementing improvements that enhance IP value on the timeline required by the transaction.

Portfolio management also includes competitive monitoring. We track competitor filings relevant to the client's technology space, identify potential conflicts early, and adjust strategy in response to developments in the patent landscape.

Freedom-to-Operate Analysis

We conduct FTO analyses to identify potential patent conflicts before they become litigation. Our work includes clearance searches targeting patents relevant to a client's product or technology, infringement risk assessment, and design-around recommendations where necessary.

For AI systems, FTO analysis requires understanding how machine learning pipelines function—from data ingestion through model training to inference—and mapping those processes against potentially relevant patent claims. For cybersecurity products, we assess exposure across encryption implementations, authentication flows, and security architectures.

We help clients understand their exposure in practical terms: the strength of potentially adverse patents, the likelihood of enforcement, and the costs and benefits of various mitigation strategies. Where risks are identified, we work with engineering teams to evaluate design modifications that reduce exposure while preserving product functionality.

Competitive Intelligence

We provide analysis of the patent landscape relevant to a client's technology and market. This includes systematic monitoring of competitor filings, identification of emerging trends in patent activity, and mapping of patent ownership across the competitive landscape.

Intelligence work supports multiple business objectives. For R&D planning, we identify technology areas with dense patent coverage versus whitespace opportunities. For business development, we evaluate the IP positions of potential partners or acquisition targets. For defensive purposes, we identify potential assertion risks and monitor patent aggregators active in relevant technology areas.

We deliver intelligence in formats that support business decision-making—executive summaries, landscape maps, and targeted alerts rather than undifferentiated data.

Open Source Compliance

We advise on open source licensing for AI and cybersecurity technologies, addressing code attribution requirements, redistribution rights, and modification permissions. Many AI systems incorporate open source machine learning frameworks, and cybersecurity tools frequently build on open source foundations. Understanding license obligations is essential to avoiding compliance failures that can create liability or complicate transactions.

We review existing open source usage for compliance issues and help structure internal policies that enable engineering teams to leverage open source resources while managing legal exposure. Where compliance gaps exist, we develop remediation strategies appropriate to the risk level and business context.

IP Transactions

We negotiate and draft IP agreements including licensing arrangements, collaborative development agreements, joint ventures, and technology transfers. Our focus is on deal structures that allow clients to realize economic value from IP assets while protecting core rights and preserving freedom to operate.

For AI companies, licensing transactions often involve complexities around model weights, training data rights, and output ownership. For cybersecurity companies, agreements must address integration requirements, security obligations, and liability allocation. We bring technical understanding to these negotiations, ensuring that deal terms reflect the practical realities of the technology.

Litigation Support

We provide support for IP disputes, including infringement and validity analyses, claim construction positions, and enforcement planning. We work with litigation counsel to develop case strategy and provide technical expertise.

Our background in AI and cybersecurity technologies allows us to contribute meaningfully to cases involving machine learning systems, cryptographic implementations, and security architectures. We assist with technical tutorials for legal teams, expert witness identification, and analysis of accused products and prior art.

Engagement Terms

We offer fixed-fee arrangements for defined projects and hourly engagements for ongoing advisory work. Patent prosecution matters are typically handled on a fixed-fee basis per application or office action. Portfolio management and strategic advisory relationships are structured to match client needs and budget.