Avoiding Patent Death – Draft Smart Claims

Introduction: I continue to closely monitor the case law regarding patenting computer software.  The August 26, 2021 decision of Universal Secure Registry v Apple is an example.  In this decision, the Court of Appeals for the Federal Circuit (usual final arbiter of patent disputes) invalided 4 patents as merely claiming abstract ideas.  Abstract ideas are…

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Attacking a “Junk Patent”

Introduction: Sometimes the USPTO screws up and issues a patent for a product or method that has been used in the industry or is well known.  Junk patents are often used by “patent trolls” to extort money from legitimate businesses.  Congress sought to provide a remedy from junk patents being asserted against businesses.  In 2012,…

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Is It Patentable? III

Introduction: Is it patentable?  An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103).  I have discussed what is and is not patentable subject matter.  See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas.  I have…

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Is it Patentable?

Introduction: Is it patentable?  This is the ultimate question when considering how to protect your good idea.  The answer depends upon several considerations.  First, is it patentable subject matter?  Also is your idea already known?  If not already known, is it merely an obvious variation or combination of things that are known? The most common…

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Patenting Computer Software

INTRODUCTION When is software patentable?  Can you obtain a computer software patent?  It is generally understood that it is difficult to obtain patent protection for computer software.  This is a subtopic of the question of when it is possible to patent a method of doing business. There are some guidelines.  This includes guidance for determining…

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Stolen Invention! UPDATE

  Introduction: I very recently published a post entitled Stolen Invention!  (Click on “post” to see the linked article)  The post discusses the USPTO Derivation Proceedings.  Derivation Proceedings are the mechanism for invention ownership dispute resolution between conflicting parties are resolved.  My post urged two things: First, I recommended patience if you are unfortunate and…

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Stolen Invention!

  Introduction: Derivation Proceeding:  You conceive of a new invention.  You disclose it to a trusted party.  Perhaps the trusted party helped you on the invention.  You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor.  A stolen invention.  What do you do?  …

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Overcoming Obviousness Rejections

Introduction This article addresses overcoming obviousness rejections.  This is sometimes referenced as a Section 103 rejection.  Rejections under 35 U.S.C. 103 are the most common basis for an examiner refusing to allow issuance of a patent.  Section 103 states that an improvement or modification that would be obvious to a hypothetical person of ordinary skill…

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What NOT To Do Before You File

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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