Intellectual Property Law

Widerman Malek strives to keep our clients informed about the latest national and global intellectual property news. Our Mumbai colleagues from the law firm of Singhania & Co. recently shared their newsletter about intellectual property in India. Here is what you need to know: In the recent times, India has been trying to establish itself […]

New Guidelines for Software Patents

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 […]

On Tuesday, June 19, 2018, the United States Patent and Trademark Office issued U.S. Patent No. 10,000,000.  This is quite a milestone for the patent office.  The first U.S. Patent was issued on July 31, 1790 to Samuel Hopkins for a process of making potash, which is an ingredient used in fertilizer. Fast-forward 228 years […]

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 […]

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 […]

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 […]

You have a great idea and you are ready to take the next step and have a prototype built. This may require the expertise of a draftsman, engineer, or manufacturing house, maybe even an investor. While the best way to protect any invention is often a patent, there may be considerations that prevent filing for […]

PODS Wins Case over UHaul

Most people today have heard of PODS by now. If you haven’t, they are a moving company that specializes in offering large containers you can pack your belongings up into that they call pods. The containers are then picked up by a truck and delivered to their final destination to be unpacked by the person […]

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