Fields of Expertise:➽ Software Patents
➽ Business Method Patents
➽ Electrical & Mechanical Patents
➽ Trademarks
Deepak Malhotra, JD, BSEE - Inventor and US Patent Attorney
Are you looking for a partner to help protect your ideas?
Let me introduce myself. I am Deepak Malhotra. I have over 20 years experience in patent preparation and prosecution, and have successfully prosecuted hundreds of patent applications to allowance. Importantly, I am dedicated to strong customer service. That’s not something you experience much in the legal world – but I believe you deserve timeliness as well as quality. VISIT MOBILE WEBSITE
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Patents
In the language of the statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof, may obtain a patent," subject to the conditions and requirements of the law. These classes of subject matter taken together include practically everything made by man and the processes for making them.
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Business Method Patent Considerations
Attitudes towards business method patents have swung back and forth like a pendulum but recently the Supreme Court has refused to deem business methods patent ineligible. Business methods are generally eligible for patent protection if they meet a “machine or transformation” test. Many inventions that are thought to be business method inventions are really what I consider to be software inventions.
On this page I review what kind of business methods are patentable - most of them if properly claimed. Examples are listed both for granted patents and non-patentable business method inventions.
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Trademarks
The primary function of a trademark is to indicate origin. However, trademarks also serve to guarantee the quality of the goods or services and, through advertising, serve to create and maintain demand. Rights in a trademark are acquired by use or applying for a federal trademark registration before use.
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Software Patents
Like it or not, software patents are here to stay! Instead of hoping that they go away, your best defense against future potential infringement threats by others is to have an arsenal of your own.
The U.S. Supreme Court, in a case known as Bilski v. Kappos, held that the concept of hedging, described in Bilski’s claim 1 and reduced to a mathematical formula in claim 4, is an unpatentable abstract idea. So what types of software inventions are patent-eligible?
Important Changes to U.S. Patent Law: America Invents Act (AIA)
The new first-to-file system takes effect for patent applications filed March 16 and thereafter. If claiming priority to an application filed before March 16, take care not to claim any new matter or you will be in the new system.
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Why Non-U.S. Software Developers Should File U.S. Patent Applications
I recommend that companies in the UK, China, Japan, Brazil, and India, and elsewhere routinely file software patent applications and business method patent applications in the USA.
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Provisional Patent Applications
The United States has a form of patent application called a Provisional Patent
Application. Some people feel that these are an easy and inexpensive way to
obtain a filing date and some patent rights, but they are usually unaware of the
risks and downside.
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Software Patent Lawyer, and Business Method Patent Attorney
Deepak Malhotra, JD, BSEE resolves business method patent litigation: he has worked extensively with various technologies including software, RF communications, sensors, smart cards, ESD protection, tape drivers, servo systems, printers, static memory cells, dynamic memory cells, database, publishing systems, virtual reality, wafer production methods, wafer polishing, antenna diversity systems, RF collision arbitration systems, marketing systems, electron multipliers, and digital clock recovery loops.
Deepak has experience in:
- protecting mechanical inventions
- venture-capital funded start ups & Fortune 500 companies
- securing foreign companies and law firms intellectual property protection in the U.S.
- software related inventions, software and business method patents
- international protection of inventions
While one of only three Electrical Engineer attorneys at his previous firm, the firm was ranked #2 in the U.S. for quality of Electrical Patents by PatentRatings, LLC.
He has developed relationships with litigators and have assisted clients with aggressive enforcement of intellectual property. Software patents, business method patents, electrical patents, and mechanical patents are his specialty.
Deepak Malhotra is not just a patent attorney,
He Is an inventor too, With two U.S. patents in His name.
