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USPTO Entity Status Explained!


As of March 19, 2013 USPTO fees is determined based on the size of an entity. For private, for-profit businesses, there are three main entities — large entity, small entity, and micro entity. Small entity status entails a 50% fee reduction from large entity fees and micro entity status entails a 75% fee reduction from large entity fees.  See 37 CFR 1.27 for more details. Here’s what you need to know:   1. Micro entity status: Entities or inventors that have less than (i) 4 ...

Business Method Patent Applications


  Most software patent applications, during examination, will receive an initial 35 U.S.C. § 101 abstract rejection based on Alice.  Depending on which art unit the application is assigned to, overcoming the rejection can be easy or can quickly become a nightmare.   Software applications that are classified as “business methods,” that is, a way to implement a business idea using technology (like advertisements, financial services, hotel reservation systems, etc.) ...

Can I protect my idea?


The simple answer is, not all ideas are patent-eligible.  35 USC Section 101 states,”[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent … .”   Thus, to procure a patent, an idea should fall into one of the statutory defined categories —  (i) a process, (ii) machine, (iii) manufacture, or (iv) composition of matter. Machine or Transformation Test ...

Software Patents After Alice


Procuring software based intellectual property rights have become a complicated task in a post-Alice world.  In 2014, for the first time, the U.S. Supreme Court invalidated software patents in the matter of  Alice Corporation Pty. Ltd. v. CLS Bank International (June 19, 2014) (or simply Alice). This case has resulted in a fair amount of commotion among patent lawyers, so it may be important for an inventor to at least have a basic understanding of the case. I’ll also discuss the recent ...

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Sample Work

Our patent attorney has secured numerous inventions for our clients. Here are a few samples of our representative work.

PTAB - Alice Tracker

The latest 35 USC Section 101 related subject matter eligibility cases analyzed by the Patent Trial and Appeal Board (PTAB).
Link to Alice Guidance Materials.

  • Patent Trial and Appeal Board (PTAB) Alice Tracker

    Below is the list of latest cases decided by the PTAB related to subject matter eligibility bases abstract claim rejections per Alice. Attorneys may find this page useful by studying the following cases prior to drafting software patent applications to avoid pitfalls that may result in abandonment of their clients’ rights.  New decisions will be added as the cases become available, generally on a weekly basis.    

  • Ex Parte McGonigal (5/14/18)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 18. A method comprising: collecting data corresponding to monitored actions of a user of a web site, the monitored actions collected over a plurality of browsing sessions; identifying, with a server computer, at least one affinity product related to a target product, the identifying based on the monitored actions and a weighted formula; displaying, with the server computer, a preview of the at least one affinity ...

  • Ex Parte Homayouni (5/11/18)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 1. A sementic gene organization method comprising: producing in a text mining tool executing in memory by a processor of a computer, gene documents for a plurality of selected genes by compiling textual information included as part of citations that cite to publications that have previously been cross-referenced in a database for said selected genes; processing by said processor in said memory said gene documents ...

  • Ex Parte ANSARI (5/11/18)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 1. A method for replenishing a stored-value card by a multicard transaction computer system, the multicard transaction computer system comprising at least one processor and one or more computer programs executable by the at least one processor which causes the multicard transaction computer system to perform the method, the method comprising: receiving a stored-value card activation request associated with the ...

  • Ex Parte Myslinski (4/30/2018)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 1. A method programmed in a non-transitory memory of a first system, the method comprising: classifying a first source in a classification of a plurality of possible classifications; converting at least a first portion of information of the first source to a particular first portion, wherein converting comprises converting voice data to text, screen text to usable text, or graphics to a usable form of data; performing a ...

  • Ex Parte Indukuru (4/30/2018)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 1. A method of monitoring performance of a computer system, the method comprising: within a processor core of the computer system, detecting events indicative of the performance of the computer system; within the processor core, responsive to detecting individual ones of the events, incrementing a saturating counter circuit integrated within the processor core; at first predetermined periods, updating a periodic counter ...

  • Ex Parte Cole (4/30/2018)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 14. A computer-implemented method for providing and scheduling one or more casino tournaments over a computer network, the method comprising: providing one or more casino members with the ability to create an account or log-in to provide information regarding a plurality of casino tournaments over a computer network to allow one or more potential players to search for and sign up to participate as a player in one or ...

  • Ex Parte Scheuring (4/30/2018)

    Is Patent Application Subject Matter Eligible?: No   Target Claim: 10. A computer-implemented student evaluation method, comprising the steps of: (a) administering a computer-implemented assessment to a student, wherein the computer-implemented assessment comprises a plurality of items; (b) using said computer to select a first learning target from a learning map; ( c) using a computer to record or access the student’s response to items in the computer-implemented assessment in a ...


Our trademark and patent attorney assists clients with utility (provisional/non-provisional) patent applications, international applications, trademarks, responding/ formulating cease and desist letters, and other litigation related matters. We can help you strategize your patent portfolio according to your business needs. The USPTO provides a flow chart of the over all process.
A provisional patent application is a temporary application filed with the USPTO expiring within 1 year. Provisional patent applications are not examined by the USPTO and are held in confidence. Prior to the expiration of the provisional patent application, you will need to file a non-provisional patent application to initiate the examination process.
A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings. A trademark must be used in commerce.
A non-provisional application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. A non-provisional application can claim priority from a filing date of a provisional application. The non-provisional application consists of a detailed description (patent specification), formal drawings, and claims together with official forms and correspondence relating to the application. It is important that the non-provisional application is crafted well as this document can eventually yield a patent.
A design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewellery, furniture, beverage containers and computer icons are examples of objects that are covered by design patents. It is important that you contact your patent attorney and inquire if a design patent can further secure your IP rights.
Chhabra Law Firm assists small businesses, start-ups and solo-inventors throughout the San Francisco Bay Area and Silicon Valley in California, including the cities of San Jose, Santa Clara, Sunnyvale, Mountain View, Palo Alto, Menlo Park, Atherton, Redwood city, Foster city, San Carlos,Belmont, San Mateo, Milbrae, San Bruno, Oakland, Hayward, Union City, Fremont, Milpitas, and adjoining areas.
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