Deepak Malhotra, JD, BSEE, Specializing in Software Patents

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.

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US Patent OfficeIn 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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US Patent TrademarkAttitudes 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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US Patent TrademarkThe America Invents Act (AIA) created a new procedure for challenging issued patents, which are apparently considered to be more suspect than other patents in the U.S. Patent and Trademark Office, without the expenses of litigation in court. This procedure is called Inter-Partes Reexamination.


The purpose of this procedure is to discourage patent holders who accuse manufacturers of infringement with a plan to settle for less than the cost of litigation.


An issued patent, that has gone through a complete review by the U.S. Patent and Trademark Office and that has been allowed by an examiner, can be reviewed again by the Patent Trial and Appeal Board.
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I have an idea, but no fundsI have an idea, but no funds

Trademark logoThe 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 patentsLike it or not, software patents are here to stay! Instead of hoping that they go away, your best defense against future potential infringement threats is to have an arsenal of your own.


The U.S. Supreme Court, in a case known as CLS v. Alice found claims to a computerized trading platform to be non-statutory. They stated that the Court must first determine whether the claims at issue are directed to a patent-ineligible concept. If so, the Court then asks whether the claim’s elements, considered both individually and “as an ordered combination,” “transform the nature of the claim” into a patent-eligible application.

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Provisional Patent ApplicationsThe 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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USPTO Patent Cover Sheet

USPTO Trademark Cover Sheet