In the ever-changing realm of Patent Law, drafting software patents have become an increasingly complicated area of practice. The recent decision in KOM Software Inc. v. NetApp, Inc. by the District of Delaware has reignited discussions surrounding the patentability of software under the Alice test, a two-step framework used to determine whether an invention falls within the categories of patent-eligible subject matter. The KOM Software decision highlights the importance of understanding the evolving landscape of software patents and the challenges associated with obtaining and enforcing patent protection in this area.
Patent Priority Filing a patent is required to not only obtain priority over later inventors but also to prevent patent rights from being lost as a result of the Patent On Sale Bar Doctrine. Patent rights are based on priority. Generally, patent rights go to the first inventor. However, as a result of the American Read more about File Patent Applications Quickly to avoid On Sale Bar[…]
The invention of the modern Christmas has been relatively recent. Some claim that the modern Christmas was invented when Charles Dickens wrote A Christmas Carol in 1843. Prior to 1843, Christmas varied between a pagan rooted solstice ritual and a Mardi-Gras type event where party goers travelled house-to-house demanding wine and food. In the middle Read more about The Surprising Inventions of Christmas[…]
Inventions by Computers Computers are now capable of helping with many of our daily and routine tasks. Computers are also being used to solve some of our most difficult and complex problems. In some cases this is done without human interaction as part of an artificial intelligence system. Recently, the USPTO said these computers are Read more about Patent Applications Limited to Human Inventors, not SkyNet[…]
Enforcement of Design Patents is expensive. A new law, if passed, will allow inventors to stop infringing products easier and cheaper.
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
Robots as Artists and Inventors Traditional Intellectual Property relies on the notion that humans are the source of innovation and artwork. What happens when a computerized robot becomes an inventor, an author or an artist? What happens when a human uses a computer with artificial intelligence to develop an invention or work of art? Is Read more about Will Artificial Intelligence Impact Inventors and Artists?[…]
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
Bitcoin and Block Chains Over the past several years, blockchain and block chain technologies, like Bitcoin and Ethereum have been the latest examples of disruptive technologies. A disruptive technology is a technology which has the potential of shaking up established businesses and forming the basis of brand new innovations. Block Chain is talked about as Read more about Block Chain Patent Applications face familiar hurdles[…]
Plant Patent Protection Pepsi has sued four farmers in India for growing potatoes which are protected in India under the Protection of Plant Variety and Farmers Right Act (PPV). The PPV was enacted in 2001 and was supposed to be pro farmer. Under the PPV, registration of a plant variety provides exclusivity to produce, sell, Read more about Potato Dispute over Plant Patent in India[…]