US intellectual property law and its impact on business: Recent developments and trends

Geraldine O. Mbah *

McGeorge School of Law, University of the Pacific, , California, USA.
 
Review
International Journal of Science and Research Archive, 2024, 13(02), 3279-3295.
Article DOI: 10.30574/ijsra.2024.13.2.2575
Publication history: 
Received on 12 November 2024; revised on 21 December 2024; accepted on 23 December 2024
 
Abstract: 
Recent developments in United States intellectual property (IP) law have significant implications for businesses, shaping innovation, competition, and market dynamics. Intellectual property rights (IPRs), including patents, trademarks, copyrights, and trade secrets, are pivotal to safeguarding innovation and fostering economic growth. Recent legislative and judicial changes reflect an ongoing evolution in IP protections, addressing emerging challenges such as technological advancements, digital transformation, and globalized trade. The America Invents Act (AIA) continues to influence patent filing and litigation strategies, while decisions by the Supreme Court and Federal Circuit courts reshape patent eligibility and fair use doctrines. Businesses face new complexities in balancing protection with innovation, particularly in areas such as artificial intelligence (AI), biotechnology, and e-commerce. Furthermore, the shift toward globalization necessitates alignment with international IP frameworks, compelling businesses to navigate cross-border enforcement challenges and harmonize strategies. The Digital Millennium Copyright Act (DMCA) and evolving interpretations of the Lanham Act highlight the role of US law in adapting to digital disruptions and brand protection in a data-driven economy. Trade secrets are increasingly emphasized, as reflected in the Defend Trade Secrets Act (DTSA), offering enhanced federal protections to combat cyber theft and misappropriation. This review critically examines these legal trends, their business implications, and strategies for compliance and competitive advantage. By exploring case studies and regulatory shifts, it provides insights for business leaders, legal professionals, and policymakers. The study concludes with recommendations for leveraging IP law to foster innovation, mitigate legal risks, and sustain long-term business growth in a competitive landscape.
 
Keywords: 
Intellectual property law; Patent eligibility; Trade secrets; Digital copyright; Trademark protection; Business innovation
 
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