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

Berkheimer v. HP, Federal Circuit 2018 (Software Patents)
11 February 2018
By Deepak Malhotra

Mr. Berheimer sued HP.  HP moved for summary judgment that claims 1–7 and 9 of U.S. Patent No. 7,447,713 are patent ineligible under 35 U.S.C. § 101, and the district…

Core Wireless Licensing v. LG Electronics Mobilecomm, Federal Circuit 2018 (Software Patents)
8 February 2018
By Deepak Malhotra

In this case, LG Electronics appealed from a district court decision denying summary judgement that claims 8 and 9 of a software patent, No. 8,713,476 and claims 11 and 13…

Finjan Inc., v. Blue Coat Systems, Inc., Federal Circuit 2018 (Software Patents)
27 January 2018
By Deepak Malhotra

Finjan brought suit against Blue Coat for infringement of software patents directed to identifying and protecting against malware.  One of the software patents is directed to a method of providing…

Smart Systems Innovations v. Chicago Transit Authority, Federal Circuit 2017 (Software Patents)
25 January 2018
By Deepak Malhotra

The software patents in this case relate to inventions designed to allow riders to access mass transit by using existing bankcards, such as debit and credit cards, without the need…

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

This case concerned an appeal from a district court case which held that Visual Memory’s U.S. Patent No. 5.953,740 was drawn to patent-ineligible subject matter. The patent teaches that computer…

Latest News

Patents and Antitrust: Trump DOJ Sees Little Connection
18 February 2018 | 4:18 pm

For the first time ever, the head of the Antitrust Division for the Department of Justice is a patent attorney – Makan Delrahim – who is known to be “Makan Antitrust Great Again” In a recent speech, Delrahim explained his general position – that patent holders rarely create antitrust concerns.  Rather, it is equally likely that the […]

PTAB Appeals, Standing, and the PTO’s Voice as Intervenor
16 February 2018 | 3:18 pm

Guest Post by Matthew J. Dowd and Jonathan Stroud Professor Saurabh Vishnubhakat’s recent well-reasoned post and longer article add much to the discussion about standing to appeal from the PTAB. Standing has recently garnered significant interest from the Federal Circuit. Building on existing scholarship, we have written a concise synopsis of standing law as applied […]

Stambler v. Mastercard: Petition to SCOTUS
16 February 2018 | 12:58 pm

Two questions presented on Leon Stambler’s petition for writ of certiorari: 1. Whether covered business method review, an adversarial process used by the Patent and Trademark Office to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. 2. Whether the Federal Circuit’s […]

Eligibility Analysis and its Underlying Facts: A Roadmap for Surviving Dismissal on the Pleadings
15 February 2018 | 3:01 pm

by Dennis Crouch Aatrix Software, Inc. v. Green Shades Software, Inc., 2017-1452, 2018 WL 843288 (Fed. Cir. Feb. 14, 2018) Following upon its February 8 decision in Berkheimer, the Federal Circuit has again sided with the Patentee on eligibility grounds – holding here that the lower court’s judgment on the pleadings failed to consider disputed […]

USPTO Director Andrei Iancu
14 February 2018 | 5:13 pm

On February 13, 2018, the USPTO issued 6,825 patents, including 6,152 utility patents — Each signed by the new USPTO Director Andrei Iancu (albeit via automated electronic process).  

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

Malhotra Law Firm, PLLC has experience in:

  • Protecting mechanical inventions
  • Assisting venture-capital funded start ups & Fortune 500 companies
  • Helping foreign companies secure intellectual property protection in the U.S.
  • Protecting software inventions with software 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. Deepak Malhotra 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 specialties.

Deepak Malhotra Is Not Just A Patent Attorney,
He Is An Inventor Too, With Two U.S. Patents In His Name.