What Is a Design Patent? A design patent covers only the ornamental design of an object of manufacture. This means essentially that the design patent protects the appearance of a product. And to be eligible for a design patent, the object’s appearance must be novel and non-obvious. So, there must be something unique about the […]
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 […]
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 […]
