Should Your Company Obtain Foreign Patent Protection?
Posted on Mar 5, 2014 in Articles
There are 196 countries in the world, and virtually all of them have intellectual property legislation. In today’s global market, international protection of innovation is a must. For a company to grow, it must protect the use, sale and/or manufacture of its technology. In the absence of such protection, technology is copied without permission, and the organizations that invested heavily to develop that technology fail to receive a return on their investment. Thus, if your business is based on proprietary technology, protection of that technology in foreign countries is extremely important.Read More
The Importance of Determining Whether a Patent Has Value
Posted on Jan 29, 2014 in Articles
In the TV show “Shark Tank,” a business owner stands before five potential investors (the sharks) and asks them to invest in a business in exchange for a percentage of the equity. Invariably the conversation turns to patents. “Do you have a patent on your idea?” the sharks ask. “Yes,” replies the business owner. With that final nugget of information, the sharks may offer $50,000, $100,000, or even more, in return for partial ownership in the company.Read More
Is There a Solution to the Software Patent Crisis?
Posted on Nov 6, 2013 in Articles
One hundred and seventy-one—that is the number of patent lawsuits that have been filed against Apple since the beginning of 2009. While Apple was sued for patent infringement more than any other company over the last four years, others are not far behind. Since 2009, Hewlett-Packard has been sued for infringement 137 times, Samsung has been sued for infringement 133 times, and AT&T has been sued for infringement 127 times.Read More
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.Read More
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.Read More
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.”Read More
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?Read More
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.Read More