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...
View ArticleJ&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...
View ArticleThe 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...
View ArticleSurprisingly 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...
View ArticleDrafting 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,...
View ArticleConjunctions 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...
View ArticleGood, 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...
View ArticleHow 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...
View ArticlePatent 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...
View ArticleSoftware 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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