The United States Patent and Trademark Office (USPTO) has released a Notice of proposed rulemaking (NPRM) that would increase many USPTO Fees. The stated purpose of the fee increases is to recover the costs incurred by the USPTO in carrying out its mandate. The USPTO performed a Regulatory Impact Analysis that “did not identify any […]
Widerman Malek Law Blog
Japan IP High Court Says, Steak Providing System is Patent Eligible
Our firm prides itself on being a resource for our clients and referral sources for all legal matters including intellectual property. Our relationships create a network of lawyers and firms across the world keeping us at the forefront of new procedures and changes in patent and trademark law. Our fellow Japanese intellectual property attorney, Aki […]
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 […]
Official Examination Fees will Increase in Japan
We are proud to be a resource for our clients and referral sources especially when it relates to intellectual property matters. We have a network of lawyers and firms across the world to help keep us apprised of new procedures and changes in the patent and trademark law. We recently received an update related to […]
New Guidelines for Software Patents
Effective January 7, 2019 U.S. patent examiners will have a new set of guidelines at their disposal to evaluate software patent applications. The guidelines have codified recent case law to provide more consistency in Patent Office actions dealing with software. The new guidelines emphasize that when evaluating a software patent application an examiner must apply […]
Laura Peter announced as deputy director of the United States Patent and Trademark Office
Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]
Japan Patent Law, Just Amended
At Widerman Malek, we pride ourselves on being a resource for our clients and referral sources especially when it relates to intellectual property matters. We work closely with other intellectual property professionals across the country and the world which allows us to best service our clients. We recently received an update regarding patent law procedure […]
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 […]
Protecting Software Using Patent And Trade Secret Law
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
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 […]
