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.

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.

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 pass a “Mayo/Alice” test.  The first part of the test is to determine whether the claims are directed to an abstract idea, a law of nature or a natural phenomenon (i.e., a judicial exception). If the claims are directed to a judicial exception, the second part of the Mayo test is to determine whether the claim recites additional elements that amount to significantly more than the judicial exception. Many inventions that are thought to be business method inventions are really what I consider to be software inventions.

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 Alice v. CLS, held that using a computer to automate a well known financial method is an unpatentable abstract idea. So what types of software inventions are patent-eligible?

How to Protect Phone Apps

Are you a smart phone app developer?  If so, you will want to know what forms of intellectual property are available for protecting smart phone apps.

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.

Important Changes to U.S. Patent Law: America Invents Act (AIA)

The United States switched from a First-to-Invent system to a First-to-File system. That makes it important to file patent applications sooner rather than later.

A thorough patent search is an enormous undertaking. However, you can start with a novelty search that covers the most likely languages and places.