22 Sep
big bright idea

Should You File a Provisional Patent Application?

Watch out for misleading information! Some websites say you can file a patent application for just a few hundred dollars. You can even do it yourself! “Just complete our simple online questionnaire! Obtain peace of mind that your intellectual property is protected!” Well, it’s not that easy. Your mother was right. If it sounds too […]

22 Jul

Software Developers Can Relax

If you are a software developer, you have probably been concerned about the future of software patents. Ever since the Supreme Court issued its decision in Alice Corp. v. CLS Bank Int’l, district courts and the Patent Office have been using Alice to invalidate hundreds of software patents, on the grounds that they claim nothing […]

4 Mar

Apple vs FBI, Part 2

The dispute between Apple and the FBI continued this week, with opposition filings in California, a court order in New York, and congressional hearings. Can the government force a company to write code to bypass security features? Is there a First Amendment problem here? Join Jennifer Atkins and Clyde Findley in this podcast, where they […]

20 Feb

Apple vs FBI

A district court in California has ordered Apple to create software that will disable security features on the iPhone of one of the San Bernadino shooters. The order garnered significant public attention and vows to appeal from Apple. Can the government require a tech company to create backdoors into technology products? What does this mean […]

17 Feb

Internet of Things: Little ‘Bots Are Watching You!

The Internet of Things (IoT) is one of the newest technologies on the scene today. It refers to “things” that are able to communicate on the Internet – things like Fitbits, Smartphones, biosensors, coffee makers, thermostats, and even automobiles. These things collect data and they make determinations about what people are doing, when they are […]

22 Jan

Frack! My Patent Is Unenforceable!

Inequitable conduct cases don’t happen every day in patent law, so when one comes along, it can be interesting. A recent decision from North Dakota examined an unusual set of facts surrounding the sale of patented hydraulic fracturing technology almost two years before the inventor filed a patent application. After reviewing all the facts, the […]

10 Jul

Avoiding Software Patent Quicksand

The ground beneath software patents is shifting, sliding, and sinking. Almost daily, courts are finding ways to invalidate software claims. The resulting uncertainty in both the patentability of software inventions and the meaning of allowed software claims has prompted one of the Federal Circuit judges to describe a recent ruling as a “litigator’s delight.” The […]

17 Mar

It’s a War Out There: What Every Small Business Needs to Know About Patents

I’ll come right out and say it: The world of patents is a minefield for small businesses – and it’s nearly impossible to safely cross by yourself. It is a complicated, often frustrating, and very combative process – and you typically don’t find out how complicated until you’re in pretty deep. By that point, though, […]

6 Jan
Patent FAQs: What Happens During the Patent Process?

Patent FAQs: What Happens During the Patent Process?

Patent prosecution is the process of getting the PTO to issue a new patent; it starts with drafting and filing a patent application. At some point after your patent application has been filed, a patent examiner will review it. During that review process, the examiner will try hard to find evidence that someone else has already described the thing you want to patent.

2 Dec
Patent FAQs: Why Do I Need a Patent Attorney?

Patent FAQs: Why Do I Need a Patent Attorney?

Welcome to the second installment of my Patent FAQs Series, where I answer everyone’s burning question on the value of using a patent attorney instead of going it alone. (If you missed the first on the cost of patents, you can find it here.) Do I really need a patent attorney? Yes, you do. It […]