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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Demystifying Patent Applications

Introduction: The patent process may appear to be a dark hole through which time and money disappear.  I am attempting to demystify patent applications.  I write frequent posts urging that that IP be protected through the filing of provisional applications for patent.  But what is an application for patent?  What does it consist of?  I…

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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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International Patent Filing Options

  INTRODUCTION: Clients have from time to time inquired about international patents.  However there is no such thing.  Patents are issued and enforced by individual countries.  There is, however, an international patent application.  Such an application is filed through the regulations of the Patent Cooperation Treaty (PCT).  Approximately 150 countries, including the US, are members…

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Fair Use of Software

  Introduction: Google v. Oracle:  Does Google have the right to verbatim copy 11,000 lines of copyrighted Java SE code?  If yes, then how will a small software developer’s original software be protected from “rip-off”?  What is fair use of software?  See my post on the Google dispute and “fair use”.  This is supposed to…

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Fair Use of Copyrighted Software

    Introduction: At issue is the scope of permitted fair use of copyrighted software.  I have written on the scope of copyright protection and contrasted it with patent coverage.  Copyright does protect an embodiment of an idea, but not the underlying idea.  Ideas are protected by the 20 year term of a patent, 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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