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The Current State of Software Applications and Patents

Posted on Sep 4, 2013 in Articles

Twenty-four years ago, I wrote my first software patent application, “Debugging Parallel Programs by Serialization.” A little more than two years after filing the application, the patent issued with claims that lacked mention of any structural component of a computer. In fact, the closest the first claim came to a tangible result was the step of “displaying information.” The software patent attracted little attention during its lifespan and expired unnoticed.

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The Need to Provide Understandable Patent Claims

Posted on Jul 3, 2013 in Articles

You might think that “understandable patent claims” is an oxymoron. Patents are usually very challenging to read. The technology described may be difficult to understand, and the claims read like nothing else in the English language. Understanding a well-written claim can be hard. Understanding a poorly written claim might be nearly impossible.

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Determining Jurisdiction for Patent Law Malpractice Cases

Posted on May 1, 2013 in Articles

As an intellectual property attorney, the federal jurisdiction of patent-related cases always seemed clear to me. 28 U.S.C. 1338 provides that: “The district courts shall have original jurisdiction of any civil action arising under any act of Congress relating to patents.” When Congress enacted that statute, it took things a step further, for the statute also states, “No state court shall have jurisdiction over any claim for relief arising under any act of Congress relating to patents.”

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A Rose By Any Other Name Would Smell As Sweet…But Would It Satisfy 35 U.S.C. § 112?

Posted on May 13, 2010 in Articles

Shakespeare’s words are timeless: “A rose by any other name is just as sweet.” But, what is in a name? Does it really matter? The Board of Appeals for the Federal Circuit says, “yes it does.” A US Patent concludes with claims. But, what are the words in those claims? And, what do those words mean?

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Does Your Appeal Have Appeal? A Guide To Arguing Before The Board Of Patent Appeals And Interferences

Posted on Jan 8, 2008 in Articles

In order to proceed to appeal, it is necessary that there have been either a final rejection or a second non-final rejection in the application. Thus, within three months of the mailing date of the rejection, a Notice of Appeal is filed with the requisite fee. Upon payment of appropriate extension fees, the filing of the Notice of Appeal may be delayed for up to an additional three months.

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