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A Guide to Patenting Software: Getting Started

Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall computer architecture of the...

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J&J Seeks Ridiculously Broad Patent on Method of Treating Pain

Essentially you take a topical analgesic, cool it, remove it from the cooling environment and then apply. If this claim gets patented it will be extraordinarily embarrassing for the USPTO. But what...

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The Benefits of a Provisional Patent Application

Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent application you...

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Surprisingly Short Patent Claims in Published Applications

But there are no doubt some bizarre patent applications that have published over the years, such as a method of walking through walls like a ghost. See Knowing When You Have Too Much Time on Your...

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Drafting Patent Applications: Writing Method Claims

Method or process claims are relatively easy to write once you know what the core invention is and what is necessary to be included in the claim in order to overcome the prior art.  Like all claims,...

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Conjunctions and/or Patent Claims

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of two alternatives, but not both.” This claim construction was...

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Good, Bad & Ugly: Truth About Provisional Patent Applications

Whether that provisional patent application can ever be useful moving forward is unknown and unknowable at the time it is filed, which allows for those who knowingly or unknowingly peddle bad services...

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How to Draft Software Patent Claims After CLS Bank

We’ve got a couple cases following CLS Bank that give us clues as to what a computer-related claim should look like post-CLS Bank. In the Ultramercial v. Hulu case, Rader and Lourie are surprisingly on...

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Patent Reform: Will Fee-Shifting Solve the Patent Troll Problem?

Will these regulations make it less likely that a patent troll might take on a frivolous lawsuit? Perhaps, but it may also result in a higher win percentage for plaintiffs who only take sure bets to...

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Software Patent Basics: What Level of Description is Required?

The key to any software patent application is to describe the invention with enough technical detail, system specifics and process information so that a computer programmer could take the disclosure...

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