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Our patent attorney's blog section.

The Berkheimer Effect On Software Patents


Earlier in April and May the USPTO updated its Section 101 subject matter eligibility guidelines — also known as the Alice guidelines based on the recent federal court ruling of Berkheimer v. HP, Inc. This ruling has been a relief for patent attorneys and their software based inventors. Based on the current Alice framework utilized by the USPTO, at the step 2B analysis, the examiner is supposed to make a determination that the claimed features or combination thereof is a ...

Business Method Patent Applications


  Patent attorneys know that most software based 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 ...

Patentability Searches


As a patent attorney, the first thing I advise my clients is that provisional applications are not published and thus are not searchable. Why? Because you can never be 100% positive something similar like your invention does not exist. Provisional applications are held in confidence and are not examined until a corresponding non-provisional application is filed.   After a non-provisional application is filed it is generally published within 18 months of the first application filing ...

Can I protect my idea?


The simple answer is, not all ideas are IP protection-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 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 A process, or ...

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Our patent attorney has secured numerous inventions for our clients.
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PRACTICE AREAS


Patent:
We have secured and protected the intellectual property rights for clients from diverse fields ranging from simple mechanical devices to complex technologies like medical equipment, robotics, computer security, electronic devices, software applications, secure Bluetooth communications, VR/AR, silicon wafer annealing processes. Our services include:
Trademark:
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. The firm offers the following trademark related services:
IP Litigation:
The firm provides representation in a diverse array of IP cases including inter-partes review, trademark, trade secret, copyright, domain name Section 337 investigations, and other such matters.
As a full service IP law firm, we focus on preparing a case from beginning to end. Since the firm’s attorney has a technical background in computer science he is adept in learning your underlying technology and crafting a compelling argument in front of a judge or jury. Our attorney has prior experience working at the public defender’s office and regularly volunteers for the San Francisco Bar Association’s eviction defense clinic.
Internet Law:
The firm provides representation in the areas of internet and computer law, including, aspects of contract, intellectual property, privacy and data protection laws. The firm also provides assistance with laws on censorship versus freedom of expression/speech, laws related to FOIA requests and individual access to information and privacy.
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