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

Avvo

Superb | 4 Reviews
3 Peer Endorsements
Contributor Level 11

Martindale-Hubbell Lawyer Ratings

5.0 out of 5.0

Spokane CDA Magazine

Top Lawyers 2017 | Top Lawyers 2014
Top Lawyers 2016 | Top Lawyers 2013
Top Lawyers 2015 | Top Lawyers 2011

Patents

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

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

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 Bilski v. Kappos, held that the concept of hedging, described in Bilski’s claim 1 and reduced to a mathematical formula in claim 4, 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

Amdoc (Israel) Ltd. v. Openet Telecom, Inc., Federal Circuit Nov. 1 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…

McRo, Inc., dba Planet Blue v. Bandai Namco Games America, post-Alice decision finding computer-implemented invention patentable, Federal Circuit 2016
22 September 2016
By Deepak Malhotra

This was an appeal from a grant of judgment on the pleadings that the asserted claims of U.S. Patent Nos. 6,307,576 (‘‘the ’576 patent’’) and 6,611,278 (‘‘the ’278 patent’’) are…

BASCOM Global Internet Services v AT&T Mobility, post-Alice decision finding computer-implemented invention patentable, Federal Circuit 2016
20 September 2016
By Deepak Malhotra

This was an appeal against a district court decision that the claims of U.S. Patent No. 5,987,606 are invalid as a matter of law under 35 U.S.C. § 101. The…

In re: TLI Communications LLC Patent Litigation, Federal Circuit 2016
27 May 2016
By Deepak Malhotra

TLI Communications hold U.S. Patent No. 6,038,295 relating to a method and system for taking, transmitting, and organizing digital images. The patent relates generally to an apparatus for recording of…

Latest News

Oil States and SAS arguments set for November 27
16 October 2017 | 1:37 pm

Oral arguments for both Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 and SAS Institute Inc. v. Matal, No. 16-969, have been set for November 27, 2017. Oil States challenges the AIA trial system at its most fundamental level — arguing that the Constitutional principles prohibits an administrative agency such as the USPTO from […]

Application Pendency
16 October 2017 | 2:05 am

The chart below shows the pendency timing for issued US patents — looking particularly at the time from priority filing (including foreign priority claims) until issuance of the US patent.  To smooth the chart a bit, I excluded the 0.2% of patents with the longest patent term — these were all > 20 year terms and had […]

Impact of the 15-year Design Patent Term
12 October 2017 | 7:08 pm

If I were preparing to file a design patent around early May 2015, I might have held-off a bit on the filing to pass the May 13, 2015 threshold.  Design patents stemming from applications filed on or after that date have a 15-year patent term (calculated from patent issuance) as opposed to a 14-year term for those […]

Regeneron v. Merus: En Banc Chances Rise
12 October 2017 | 3:29 pm

by Dennis Crouch Prof. Hricik and I have both previously written about the Regeneron inequitable conduct decision.  The following short summary comes from Hricik: [The] district court … held that people substantively involved in prosecution of the ‘018 Patent knew of but-for material references, which were not disclosed.  Although the district court had intended to hold […]

Teaching Away: Only Counts if the Reference Teaches Away from All Embodiments of the Claim
11 October 2017 | 8:50 pm

Owens Corning v. Fast Felt Corp (Fed. Cir. 2017) After being sued for infringing Fast Felt’s U.S. Patent No. 8,137,757, Owens Corning retaliated with a petition for inter partes review.  Although the PTO instituted the IPR, the PTAB eventually determined that the claims were not obvious — i.e., that “Owens Corning had failed to show obviousness of […]

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.