Built by a patent attorney who measures the law.

Before MarkSense, I spent years in practice as an intellectual property and patent attorney at Kutak Rock and Bookoff McAndrews. I prosecuted patent portfolios in software, machine learning and artificial intelligence, medical systems, and mechanical technology, and I advised startups and multinational companies on trademark clearance, prosecution, and enforcement, including Fortune 50 companies in software and AI. I handled the work this product is built for: office actions, examiner interviews, appeals, and the long conversation with the record.

I now teach Business Organizations, Contracts, Property, and Intellectual Property at SIU School of Law, where I chair the Ad Hoc AI Committee, and I study trademark confusion and other multifactor legal tests with computational and empirical methods. I develop the methods and protocols for using AI in legal work that can be measured and defended: a closed set of sources, verification that leaves a record, and a named lawyer who signs off.

The research behind it

I used large language models to code roughly 4,000 Trademark Trial and Appeal Board decisions. A rule using just two of the thirteen DuPont factors matched the Board’s outcome in 99.55% of 4,651 mark comparisons. I checked the model’s coding against my own review of 1,002 factor-level findings, and the two agreed 97.11% of the time (one reviewer, not blind to the model’s answers). The study is published in the Fordham Intellectual Property, Media & Entertainment Law Journal and was cited in a petition to the U.S. Supreme Court. I also filed an amicus brief in RiseandShine v. PepsiCo, a trademark case now before the Court.

I hold my own research to the standard I ask of lawyers using AI: measure how often a tool is right on closed matters before you decide how much to review it.

What that means for MarkSense

MarkSense is built on the same principle. It works from the public USPTO record, shows its sources for every statement, and drafts for an attorney to review. It does not file anything, and it is not a substitute for your judgment. Read what it does and does not do on the Security page, or send a serial number and see.

MarkSense is a product of Reichert Holdings LLC, an Illinois limited liability company. It is not affiliated with, sponsored by, or endorsed by Southern Illinois University; the university is named only to identify my academic position. Past results and research findings do not guarantee any outcome in any matter. Writing: reichert.law.