Gearhart Law LLC

09/02/2026

Filing a life sciences patent? These are the questions that come up again and again, from why applications get rejected to how many working examples you actually need.

👆 Swipe through our latest Ask The Attorney carousel for straight answers from the Gearhart Law team.

Book a free consultation or call 908.273.0700 to talk through your application.
▶️ Click here to book a free appointment http://tiny.cc/asktheattorneyfb

09/01/2026

Can a drug discovered by AI actually be patented?

Attorney Richard Gearhart explains why AI can't be listed as an inventor, and how human involvement, like designing the discovery process or making key selections from the AI's output, can still make the invention patentable.

Book a free consultation with our team. Link below👇
http://tiny.cc/patentableaifb

08/27/2026

Thinking about patenting a pharmaceutical compound? Not everything qualifies, and getting the timing and claim strategy right can make or break your protection.

Swipe through to see what the will actually protect, what doesn't qualify, and why filing before you publish or present your research matters.

Our pharmaceutical patent attorneys work with drug developers, biotech startups, and research institutions to build filing strategies that hold up through the full development lifecycle.

Book a free half-hour consultation. Link below.
http://tiny.cc/pharmacompoundsfb

08/26/2026

Taylor Swift is usually the one filing lawsuits over trademarks. This time, she's the one being sued.

Maren Wade has performed under "Confessions of a Showgirl" for over a decade, and the USPTO already blocked Taylor's own trademark application for "The Life of a Showgirl" because of it. Now Wade is taking her to court.

Attorney Richard Gearhart breaks down the trademark confusion test and whether a jury would actually side with Wade, in this episode of Intellectual Property News.

Watch the full episode on the Gearhart Law YouTube channel.
Link below 👇
https://youtu.be/gZ5BQ85mOLc

08/25/2026

Big movement on patent eligibility.

Our founding partner, Richard Gearhart, just published a breakdown of PERA, the Patent Eligibility Restoration Act, which is currently working its way through Congress after Senate Judiciary Committee testimony on July 14, 2026.

For over a decade, patent eligibility has been defined by inconsistent case law (Mayo, Myriad, Alice) instead of clear statutory rules. PERA would codify those decisions and swap vague exceptions for a defined list, potentially opening the door to more AI patents and stronger protection for diagnostics, biomarkers, and engineered biological materials.

This is a big deal for entrepreneurs and startups whose growth depends on defensible IP.

Read Richard's full breakdown and see what this could mean for your business. Click here https://gearhartlaw.com/patent-eligibility-restoration-act/

Have questions about protecting your innovation? Book a free consultation with our team.
http://tiny.cc/peracontactf

Learn how the Patent Eligibility Restoration Act (PERA) may reshape patent law for AI, diagnostics, and life sciences innovations in the US.

08/24/2026

𝐀𝐈 𝐜𝐚𝐧 𝐠𝐫𝐨𝐰 𝐲𝐨𝐮𝐫 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐟𝐚𝐬𝐭 — 𝐨𝐫 𝐞𝐱𝐩𝐨𝐬𝐞 𝐢𝐭 𝐭𝐨 𝐫𝐢𝐬𝐤 𝐟𝐚𝐬𝐭. 𝐊𝐧𝐨𝐰 𝐭𝐡𝐞 𝐝𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐜𝐞.

The next Entrepreneurial Strategy Series session, Using AI Safely: The Entrepreneur's Guide to Compliance, IP & Privacy, features Ericka Watson (Data Strategy Advisors) and Roberts, Esq. (TransUnion, IP Genie), hosted by David Postolski (Gearhart Law).

Learn how to build AI policies, protect your IP, and get ahead of new regulations before they catch you off guard.

📅 Thursday, August 27, 2026
🕦 Networking 11:30 am EDT | Presentation 12:00 pm EDT

Link below to register👉 https://www.eventbrite.com/e/using-ai-safely-the-entrepreneurs-guide-to-compliance-ip-privacy-tickets-1996816880041

Learn how to harness AI confidently while protecting your business, intellectual property, and customers.

08/17/2026

Our Founding Partner, Richard Gearhart, is presenting at the New Jersey State Bar Association Virtual Summer Conference this Thursday, August 20th!

Catch Richard’s presentation during Breakout Session 3 (12:50 PM - 2:30 PM EDT): 12 𝐈𝐏 𝐑𝐞𝐝 𝐅𝐥𝐚𝐠𝐬 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲𝐬 𝐒𝐡𝐨𝐮𝐥𝐝 𝐈𝐝𝐞𝐧𝐭𝐢𝐟𝐲 𝐛𝐞𝐟𝐨𝐫𝐞 𝐅𝐢𝐧𝐚𝐧𝐜𝐢𝐧𝐠, 𝐀𝐜𝐪𝐮𝐢𝐬𝐢𝐭𝐢𝐨𝐧, 𝐨𝐫 𝐏𝐫𝐨𝐝𝐮𝐜𝐭 𝐋𝐚𝐮𝐧𝐜𝐡.

He will share key legal insights on identifying and mitigating intellectual property risks during corporate deals, licensing, and acquisitions.

🔗 Reserve your spot for the full-day event: https://njsba.com/njicle/cle-programs/the-njsba-summer-conference/

08/13/2026

Getting copied isn't always the disaster it feels like. 💡

In this conversation, Gearhart Law partners James Klobucar and Jim Francis break down what "nobody steals a bad idea" really means, and the practical steps every inventor and business owner should take before an IP dispute ever starts: building an IP inventory, understanding IP insurance, and getting the right agreements in place with suppliers and vendors.

🎥 Watch the full interview; click the link in the comments!

08/12/2026

A new Federal Circuit ruling just clarified when a genetically engineered cell line can actually be patented, and it matters for every biotech company building on natural biology.

REGENXBIO v. Sarepta just gave life science companies a clearer answer to a question that comes up constantly in gene therapy and biologics: is a modified cell line patentable, or is it just a "product of nature"?

Gearhart Law patent attorney Ben Schroeder breaks down the ruling in our latest interview. Here's the short version:

The case centered on SRP9001, a cell line engineered by inserting gene sequences from a different organism to make genetic manipulation easier. The lower court said this was too close to Funk Brothers (1948), where the Supreme Court invalidated a patent for simply combining two naturally occurring bacteria. The Federal Circuit disagreed, ruling it was closer to Diamond v. Chakrabarty (1980), where genetic modification gave an organism a new property it didn't have in nature, and that made it patentable.

For biotech and life science companies, the takeaway is practical: patent eligibility under Section 101 often comes down to how clearly you can show your cell line has markedly different characteristics from what exists in nature, and that needs to be built into the application from day one, not fixed later.

Watch the full interview with Ben Schroeder here https://youtu.be/gxLw0MIZQpg

If your company is developing engineered cell lines, gene therapies, or other biologics and you want to know where your IP stands, your first consultation with Gearhart Law's expert team is always complimentary. Book your free call at gearhartlaw.com or call 908-273-0700.

08/11/2026

Most patent fights don't start with "you caught me." They start with "no, I'm not, because your patent's invalid."

Gearhart Law partner James Klobucar shares the #1 thing founders skip before filing, and it's costing them later.

Your first consultation with Gearhart Law is complimentary. Book your free call; details below.
👉 http://tiny.cc/patentsearchjf