The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]
We are proud to be a resource for our clients and referral sources especially when it relates to intellectual property matters. We have a network of lawyers and firms across the world to help keep us apprised of new procedures and changes in the patent and trademark law. We recently received an update related to […]
Effective January 7, 2019 U.S. patent examiners will have a new set of guidelines at their disposal to evaluate software patent applications. The guidelines have codified recent case law to provide more consistency in Patent Office actions dealing with software. The new guidelines emphasize that when evaluating a software patent application an examiner must apply […]
Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]
At Widerman Malek, we pride ourselves on being a resource for our clients and referral sources especially when it relates to intellectual property matters. We work closely with other intellectual property professionals across the country and the world which allows us to best service our clients. We recently received an update regarding patent law procedure […]
Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]
Andrei Iancu has been confirmed by the United States Senate as the next Under Secretary of Commerce for Intellectual Property, and the next Director of the United States Patent and Trademark Office. Mr. Iancu was confirmed by the Senate by a vote of 94-0.
At 12:01 AM on January 20, 2018, the United States Government went into shutdown based on impasse in congress over budgeting. Of course, the United States Patent and Trademark Office (USPTO) is an agency of the United States Government. The government shutdown applies to all “non-essential” government agencies. For example, agencies that are considered as […]
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
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 […]