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 […]
Widerman Malek Law Blog
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.
Girl Scouts Launch Intellectual Property Patch
The Girl Scouts, in conjunction with the United States Patent and Trademark Office, have announced an Intellectual Property (“IP”) patch. Information about the patch can be found here. The Girl Scouts already offer an Innovation Badge, and the IP patch is meant to compliment the Innovation Badge. According to the USPTO website the “IP patch […]
Nintendo Files New Handheld Game Patent
Large companies continually file patents for products and potential products. Gaming company Nintendo is no different. But one patent filed by Nintendo was just uncovered by a Twitter user and shared on his account this week. The patent is of interest because it possibly represents the next generation of handheld gaming devices. The actual patent […]
Everything You Need to Know about Patents
A patent is the legal ownership of intellectual property. You can consider it like a title to your home or car. Without it, you legally do not own anything. And with it, you have exclusive rights to your idea or invention. If you are considering applying for a patent, here are a few considerations. The […]
A Poor Man’s Patent is No Way to Patent Your Idea
A poor man’s patent is not a good way to try to protect your invention. It does not give an inventor the same type of protection as a patent application does, and will not likely be useful to monetize your invention.
What Documents are Needed When Filing an Application for a Patent
Magazines, books, comics, clothing, and a ton of other products have specialized trademarks on them. These trademarks are used to acknowledge the source of the products. For written works, art, and anything in the artistic spectrum, copyright laws apply. Patents are different from trademarks or copyright because they deal solely with an invention of some […]
The Government and Patent No. 6,630,507
Do you know what Patent No. 6,630,507 is? It’s the patent that the government gave itself for the use of medical marijuana. Yes. You read this right. The government who voiced so strongly that marijuana has no positive medical affect constituting the legalization of the drug. So if that is indeed the case, why are […]
… And Here Comes “Alice”!
Don’t look now, but it appears the post-Alice USPTO guidance regarding patent eligibility has kicked in. The following is a form paragraph recently used by an Examiner at the USPTO in a rejection of certain process claims:
SCOTUS on “Alice”: It’s The Application, Stupid!
Old habits die hard. But the U.S. Supreme Court patiently keeps trying to euthanize the habit of too many patent professionals to reflexively (but not necessarily purposefully) tie patent claims to some computer. Any computer! The latest attempt to break this habit comes in the context of the Alice Corp. Pty. Ltd. v. CLS Bank Intl. […]
