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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Patent or Trademark?

  Introduction: I continue to receive questions prefaced with a statement “I have an idea and I don’t know if I should patent it or trademark it?”  Patent or Trademark.  The question is often stated in various ways but I think you get the idea.  There are fundamental differences between requirements and rights of patenting…

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Sample Patent Flow Chart

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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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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