Navigating the Evolving Landscape of Drafting Software Patents

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.

File Patent Applications Quickly to avoid On Sale Bar

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 Surprising Inventions of Christmas

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[…]

Patent Applications Limited to Human Inventors, not SkyNet

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[…]

Intellectual Property Law Updates

Intellectual Property Updates

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[…]

Intellectual Property Law Update

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[…]

How to Patent an Idea (4 steps)

How to Patent an Idea Making money off of your million dollar idea, can be rewarding, but it is not easy. Often times, to become successful, an inventor must build a business around their new product idea, or they must sell their idea to another company. Making millions of dollars off your first idea takes Read more about How to Patent an Idea (4 steps)[…]

Searching for Patents Can Save Money

Searching for Patents can Save Thousands of Dollars. Recently the U.S. reached its 10 millionth patent. Internationally, there are more than 1 million patent applications filed each year but only about 50-70% of them result in a patent. A conservative estimate for preparing and filing each application is around $10,000. This means that the odds Read more about Searching for Patents Can Save Money[…]

What is a Patent?

What is a Patent?  Patents are basically ownership of a tool, product, or process and once ownership of a patent is obtained, anyone hoping to use the patent must pay the owner money which is typically provided under license.  This payment is sometimes referred to as a royalty. Ownership of a patent is like owning property and Read more about What is a Patent?[…]

What is a Patent Attorney?

As a Patent Attorney, people have no idea what we do…   Once you have that great invention, your next step is to look for a great patent attorney: A patent attorney who not only understands your invention, but can help you through the patent process.    To patent something, a good patent attorney needs Read more about What is a Patent Attorney?[…]