The importance of detail in software patent applications (and practically speaking other categories) cannot be understated. The above video discusses some issues around detail in a patent application. A call to the office often starts with “Can I get a patent on a blockchain/IoT/cryptocurrency/dating app”? This is too little detail for any meaningful assessment. Some […]
Read More...Below are excerpts of slides from my presentation at an American Chemical Society meeting where I mention the possible impact of the recent Alice v. CLS Bank Supreme Court decision on chemical inventions. 1. What Can Be Patented? 35 U.S.C. 101 – Whoever invents or discovers any new and useful process, machine, manufacture, or composition […]
Read More...Recently, the United States Supreme Court decision in Alice v. CLS Bank ruling impacted the scope of software patents. Some opined that software was no longer patentable. The United States Patent & Trademark Office even withdrew notices of allowance for some of patent applications due to the presence of at least one claim having an […]
Read More...3D printing is an exciting field of technology and has made some great advances recently. It is a disruptive technology with the capability to transform the manufacturing industry. Relatively inexpensive hardware and openly available design files allow individuals and companies to manufacture “complex” components at any location. The nature of 3D printing technology will test […]
Read More...The final provisions of the America Invents Act (AIA) recently took effect. The AIA represents the most significant overhaul of United States patent law since the mid twentieth century. It enacted provisions over time, with some provisions taking effect in September, 2011, some in September, 2012, and the final phase taking effect in March, 2013. […]
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If your company has developed software, it should create a software license prior to distribution of that software. A software license is the key instrument that defines the rights in ownership, usage, and distribution of software between the company and user(s). Developers seek to protect rights in the product developed with their time, money, and […]
Read More...In the global market, today’s prudent company must evaluate patent protection for its innovative products or services. In doing so, the question arises as to which countries a patent application will be submitted. The general rule of thumb is that a business would evaluate patent protection in countries where the technology is manufactured, marketed, and […]
Read More...Patents are granted on a country by country basis. If a company is considering “international” patent protection, that is to say patent applications in multiple countries, there are two primary approaches: 1. Filing patent applications on a country by country basis directly in the patent office of those countries – This can present several concerns. […]
Read More...Congratulations! You’ve filed your patent application. The next step is for the inventor to commercialize the newly created intellectual property. The three primary options are to completely assign the patent rights to another party, license the patent rights, or to manufacture, market, and sell the product disclosed in the patent application. Frequently, inventors wish to […]
Read More...In receiving questions from clients and others, some incorrectly believe that the new first-to-file provisions of the recently passed patent legislation mean that the first party to file a patent application unconditionally has lawful rights in the patent application, even where a second party misappropriates or derives the intellectual party from the first party. This […]
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