Widerman Malek Law Blog

How To Obtain A Software Patent

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 Confirmed as Director of United States Patent and Trademark Office

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.

The US Patent and Trademark Office Remains Open During Government Shutdown

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

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.

Overcoming Patent Application Rejections by the USPTO

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 […]

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.

U.S. Supreme Court Changes Patent Litigation Practice

Summary of the Decision: On May 22, 2017, the U.S. Supreme Court overturned nearly 30 years of patent litigation practice by narrowing the application of a statute describing where plaintiffs may file a lawsuit. In the past, patent holders have been able to file suit in almost any jurisdiction in which a defendant sells an […]

TRADEMARK ALERT – Trademark System Will Be Down on April 29, 2017

We just received an alert from the United States Patent and Trademark Office that the Trademark Electronic Application System (TEAS) and the Trademark Electronic Application System International (TEASi) will be down for maintenance between 8AM ET and 4PM ET on Saturday April 29, 2017. This should not affect too many people as far as deadlines […]

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