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.

Deepak Malhotra, JD, BSEE


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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.



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

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.

Software Patents

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

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

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)

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

The United States has 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.

Latest blog posts

Visual Memory LLC v. NVIDIA Corp., Federal Circuit 2017
21 January 2018
By Deepak Malhotra

The district could had held that Visual Memory’s U.S. Patent No. 5.953,740 was drawn to patent-ineligible subject matter. The patent teaches that computer systems frequently use a three-tiered memory hierarchy…

Thales Visionix Inc. v. United States, Federal Circuit 2017
20 January 2018
By Deepak Malhotra

Thales Visionix Inc. appealed from a Claims Court judgment that most claims of its U.S. Patent No. 6,474,159 were directed to patent-ineligible subject matter. The patent discloses an inertial tracking…

Trading Technologies International Inc., v. CQG, Inc., Federal Circuit 2017 (non-precedential)
By Deepak Malhotra

This decision should be very interesting to software developers who develop software including unique graphical user interfaces. The decision is non-precedential, but can be cited to the U.S. Patent and…

Amdoc (Israel) Ltd. v. Openet Telecom, Inc., Federal Circuit Nov 2016
2 August 2017
By Deepak Malhotra

Amdoc sued Openet over four patents directed to solving accounting and billing problems faced by network service providers. The district court held that the patents were directed to patent-ineligible abstract…

Intellectual Ventures I LLC v. Symantec Corp., Trend Micro Incorporated, Federal Circuit 2016
3 October 2016
By Deepak Malhotra

It is bad enough that the Supreme Court doesn’t know what it is doing when it comes to software patents. In Alice v CLS, they considered a financial patent that…

Latest News

Will Allergan Suffer Antitrust Damages for its Bold Enforcement Strategies?
22 January 2018 | 5:45 pm

There are now about a dozen class-action antitrust lawsuits pending against Allergan that allege “a multi-pronged effort to block generic versions of Restasis from coming to market.”  Alleged improper actions include: “Falsely claiming [to the PTO] that clinical data showed unexpected effectiveness and surprising test results of its purported inventions.” Wrongfully listing “second wave” Restasis patents in […]

Supreme Court on Damage Apportionment and Assignor Estoppel
22 January 2018 | 4:26 pm

EVE-USA was founded by former employees of Mentor — the named inventors on Mentor’s emulation software patents.  Initially Mentor licensed the patents to EVE for its use, but that license was terminated when Synopsys later acquired EVE.  Mentor then sued Synopsys and won a $36 million jury verdict for infringement of its U.S. Patent No. 6,240,376.  Following […]

USPTO Broadcast: Appropriations Status Update
19 January 2018 | 7:57 pm

The following message comes from Wilbur Ross, Secretary of Commerce.  The main point is that USPTO will remain in operation even if there is a government ‘shutdown.’: As many of you are aware, annual funding for the government expires on January 19th. The Administration does not believe it is necessary for a lapse in funding […]

Removing Unnecessary Rules at the PTO
19 January 2018 | 4:25 pm

As required by the Trump White House, the USPTO has continued its process of removing regulations that are “potentially outdated, unnecessary, ineffective, costly, or unduly burdensome to both government and private sector operations.”  Executive Order 13777.  In this newest proposal (NPRM), the office proposes eliminating the following: 37 CFR 1.79, which prohibits reservation clauses.  “i.e., it prohibits a pending patent […]

Software Patent Lawyer, and Business Method Patent Attorney

Deepak Malhotra, JD, BSEE 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, microwave electronics, digital clock recovery loops, secure network authentication systems, user interfaces, and more. Malhotra Law Firm, PLLC is minority certified patent law firm, certified by the Northwest Mountain Minority Supplier Development Council.

Top Patent Prosecutor

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.