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.
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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According to the Supreme Court, the machine-or-transformation test is a useful and important clue for determining whether some claimed inventions are processes under section 101. But the machine-or-transformation test is not the sole test for deciding whether an invention is a patent-eligible "process." It is true that patents for inventions that did not satisfy the machine-or-transformation test were rarely granted in earlier eras, especially in the Industrial Age, but times change.
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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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There is no doubt that software can be protected by patent law. Patents provide strong protection in that they prevent against independent invention, and against reverse engineering.
Software patent applications are typically more complex than patent applications covering mechanical inventions, and are therefore more expensive to prepare. If desired, the actual computer code can be included in the application, or appended as a microfilm. The more information that is included, the more likely the application will be valid, but more trade secrets will be lost.&
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I have 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.
I have experience in protecting mechanical inventions in a wide variety of fields such as automotive technology, environmental systems, and wastewater treatment systems.
I have assisted venture-capital funded start ups, Fortune 500 companies, and all sizes in between with their patent and trademark procurement needs. I have also assisted foreign companies and law firms to secure intellectual property protection in the U.S.
I have a high level of experience in protecting software related inventions. Many firms do not have attorneys with actual experience in writing software patent applications. I have actual experience in successfully prosecuting many software and business method patents to allowance.
While one of only three Electrical Engineer attorneys at my previous firm, the firm was ranked #2 in the U.S. for quality of Electrical Patents by PatentRatings, LLC.
I have extensive international experience, have practiced outside the U.S., have developed relationships with firms around the globe, and have assisted clients in developing plans for international protection of their inventions.
I have 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 my specialty.
I am not just a patent attorney, I am an inventor too, and have two U.S. patents in my name.