35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]
Widerman Malek Law Blog
Protecting Your Software’s Application Programming Interface (API)
In this article, we are continuing the discussion of a legal strategy to protect software that involves segmenting software into three tiers and protecting each tier separately. This strategy has been developed in response to a 2014 U.S. Supreme Court case, Alice v. CLS Bank, that effectively slammed the door on receiving and enforcing software […]
Design Patents to Protect Your Software
In a previous article, we discussed a legal strategy for protecting software that involved segmenting software into three tiers and protecting each tier separately. Those tiers are as follows: Level One: User Interface Level Two: API Level Three: Algorithms and Data Structures This article focuses on the first tier, which involves how the user interacts […]
Is There Legal Protection for Software?
Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]
Lee Resigns; Matal Appointed Acting Director of USPTO
In the day following Michelle Lee’s resignation as Director of the USPTO, Joseph Matal was announced as Acting Director.
Former Bank Manager Convicted in Connection With Trademark Fraud
Over the years, several of our clients have received trademark solicitations from what appeared to be legitimate entities, but which are in fact complete scams. I recently posted an article on LinkedIn regarding this issue. A typical example of one type of scam letter can be found in our previous article on this topic. A […]
Negotiating the Distribution of Patented Products: Questions to Ask
When a company is ready to bring its debut product to market, excitement may run high. The importance of protecting the company’s intellectual property rights in the new product is paramount. While the company may enter contract negotiations with its distributor in good faith and in anticipation of creating a mutually beneficial agreement, a lack […]
Negotiating the Distribution of Patented Products: Points to Consider
Every week, it seems, another news story appears about an innovative startup preparing to launch its new take on a product to a waiting market. While consumers and companies alike often eagerly anticipate these launches, they also pose potential risks to the company and its ownership of its intellectual property. Today’s marketplace is more competitive […]
Girl Scouts Launch Intellectual Property Patch
The Girl Scouts, in conjunction with the United States Patent and Trademark Office, have announced an Intellectual Property (“IP”) patch. Information about the patch can be found here. The Girl Scouts already offer an Innovation Badge, and the IP patch is meant to compliment the Innovation Badge. According to the USPTO website the “IP patch […]
