In today’s modern age, where creativity has no bounds, protecting your intellectual property is of paramount importance. Copyright protection grants creators exclusive rights to their original works, ensuring they can reap the rewards of their creativity, time, and effort. Whether you’re a writer, photographer, artist, musician, or any other creative professional, here’s a summarized guide […]
Widerman Malek Law Blog
How to Mitigate Intellectual Property Infringement
When it comes to Intellectual Property, it is essential to consider your options and legal protection. There are many ways individuals can intentionally or unintentionally interfere with your Intellectual Property. Helpful hints to avoid interference by others: Have a Trademark registered for your desired brand’s name, logo, or design to ensure they are secured and […]
Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees
The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]
How To Obtain A Software Patent
Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]
Overcoming Patent Application Rejections by the USPTO
35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]
Protecting Your Software’s Application Programming Interface (API)
In this article, we are continuing the discussion of a legal strategy to protect software that involves segmenting software into three tiers and protecting each tier separately. This strategy has been developed in response to a 2014 U.S. Supreme Court case, Alice v. CLS Bank, that effectively slammed the door on receiving and enforcing software […]
Design Patents to Protect Your Software
In a previous article, we discussed a legal strategy for protecting software that involved segmenting software into three tiers and protecting each tier separately. Those tiers are as follows: Level One: User Interface Level Two: API Level Three: Algorithms and Data Structures This article focuses on the first tier, which involves how the user interacts […]
Is There Legal Protection for Software?
Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]
The Donald Trump Skittles Controversy
Donald Trump is getting a whole lot of attention these days with the election and now being the President-elect. He’s been involved in a whole lot of controversy and people are quoting him on a daily basis, but few are talking about his copyright infringement case. Donald Trump managed to achieve copyright infringement in a […]
Light Saber Choreography and Fight Companies Infringe on LucasFim
Star Wars has been popular for over three decades now, and with the latest movies coming out in the past few years, it’s no wonder that people are trying to cash in on them as much as possible. There’s still a strong following for the Star Wars movies, and there are a bunch of companies […]
