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 […]
Widerman Malek Law Blog
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 […]
Lee Resigns; Matal Appointed Acting Director of USPTO
In the day following Michelle Lee’s resignation as Director of the USPTO, Joseph Matal was announced as Acting Director.
Negotiating the Distribution of Patented Products: Questions to Ask
When a company is ready to bring its debut product to market, excitement may run high. The importance of protecting the company’s intellectual property rights in the new product is paramount. While the company may enter contract negotiations with its distributor in good faith and in anticipation of creating a mutually beneficial agreement, a lack […]
Negotiating the Distribution of Patented Products: Points to Consider
Every week, it seems, another news story appears about an innovative startup preparing to launch its new take on a product to a waiting market. While consumers and companies alike often eagerly anticipate these launches, they also pose potential risks to the company and its ownership of its intellectual property. Today’s marketplace is more competitive […]
I Want to Make a Prototype. How do I Protect my Idea?
You have a great idea and you are ready to take the next step and have a prototype built. This may require the expertise of a draftsman, engineer, or manufacturing house, maybe even an investor. While the best way to protect any invention is often a patent, there may be considerations that prevent filing for […]
The Patent Filing Process
If you have an excellent idea that you would like to try and make an invention out of, it’s important that you take the time to patent it before making it known to a bunch of other people. That’s because that idea is only recognized as yours if you have a legal patent for it. […]
Students are Fighting Ridiculous University IP Laws
Students are increasingly running into issues where they create innovations while as a student at a University and the University has a policy in place stating that the creations belong to them, or partially belong to them. This is a serious issue that is taking away from the creations of our youth and Caleb Carr […]
How Patents Work
Patents are paper documents and records that grant ownership of an idea to a person. In other words, if you come up with a brilliant idea, such as a gasoline powered engine, you can create a patent, or a detailed description of your invention, and then file a patent surrounding it. The patent is held […]
