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Patent eligibility, particularly for AI-driven inventions, has become increasingly complex. Understanding how to navigate the 101 Subject Matter Eligibility (SME) analysis is crucial for securing patent protection. This blog post explores a hypothetical AI-related patent claim, provides a detailed analysis of how examiners might apply the 101 SME analysis, and […]

Filing an appeal with the United States Patent and Trademark Office (USPTO) is a crucial step in challenging a rejection made by the Examiner. Here’s what happens regarding the examiner’s timeline to file an answer after an appeal brief is filed. 1. Filing of Appeal Brief: Once an applicant files […]

After the European Union’s AI framework, now we have the US AI bill of rights. Key Principles of the AI Bill of Rights The AI Bill of Rights outlines five key principles that should guide the design, use, and deployment of automated systems: Safe and Effective Systems: Protection from unsafe […]

In the fast-paced, ever-evolving world of artificial intelligence (AI), a question has been posed: Can AI be an inventor? So far, the decisions reflect an unequivocal “no.” The DABUS Case: AI as an Inventor? This intriguing question was brought to light by Stephen Thaler, a computer scientist from the United […]

The swift evolution of AI has given rise to a host of legal and ethical dilemmas. In this blog post, we delve into how the current wave of lawsuits against AI companies is influencing the growth and implementation of AI technologies. The Collision of AI and Copyright Law One of […]

In the realm of patent law, attorneys are often tasked with understanding and elaborating intricate technical notions. One such concept that’s gaining increasing significance is regression in artificial intelligence (AI). What is Regression? Simply stated, regression is a predictive modeling technique employed in machine learning and statistics. It is utilized […]

In the dynamic landscape of artificial intelligence (AI), two innovative concepts have emerged: Generative AI and Liquid AI. These AI methodologies are at the forefront of AI research and development, offering unique capabilities and applications. Generative AI: The Art of Creation Generative AI is a subset of AI that specializes […]

The EU AI legal framework has reached a political agreement. European Union (EU) has proposed a new legal framework to regulate AI in a way that aligns with its values and rules, and maximizes its potential for industrial applications. This measure has been taken to alleviate significant challenges, including ethical […]

Introduction Artificial Intelligence (AI) has been a transformative force. However, traditional AI models often fall short when it comes to adapting to dynamic conditions. This is where Liquid AI, a novel approach in AI, steps in. Liquid AI: An Overview Liquid AI signifies a groundbreaking approach in the AI landscape, […]

The rapid advancement and complexity of Artificial Intelligence (AI) based systems has introduced a range of challenges, including liability related issues. In this blog post, we will consider some real-world instances of liability issues, particularly focusing on AI and liability. AI and Liability in Autonomous Vehicles Autonomous vehicles, which heavily […]

The rapid advancement and complexity of AI has introduced a range of challenges, including privacy and data protection related issues. In this blog post, we consider some real-world instances of privacy and data protection concerns, particularly focusing on AI-related privacy issues. Data Collection and Usage in AI Systems AI systems […]

Artificial Intelligence (AI) is revolutionizing various sectors, from healthcare and finance to education and entertainment. However, the rapid advancement and complexity of AI have also introduced a range of challenges, one of which is bias. In this blog post, we will consider some real-world instances of bias in AI and […]

Introduction Generative AI, an influential branch of Artificial Intelligence, is revolutionizing a variety of sectors with its capacity to produce a wide range of content. However, this capability also raises important concerns about safety, ethics, and potential misuse, sparking debates on Generative AI being a threat to humanity. What is […]

Patent law, like many other areas, is not immune to the transformative effects of Artificial Intelligence (AI). As we stand on the precipice of this new frontier, it’s essential to understand how AI intertwines with patent law and the implications it holds for our future. With the ability to analyze […]

Artificial Intelligence (AI) is transforming a variety of sectors, from healthcare and finance to education and entertainment. However, the rapid advancement and complexity of AI also introduce a range of legal challenges that need to be tackled. In this blog post, we will examine the key legal issues associated with […]

Introduction In the cutthroat arena of mobile app development, a unique and user-friendly interface (UI) can make your app stand out from the crowd. But how do you prevent others from copying your innovative UI elements? The answer lies in design patents. Patenting mobile app UI has become an essential […]

Understanding “Prior Art” in Patent Law The term “prior art” in patent law refers to any evidence that your invention is not as unique as you might believe. It does not necessarily preclude the patentability of your invention, but rather, it reflects on the novelty or uniqueness of your invention. […]

Software is one of the most valuable and innovative forms of intellectual property (IP) in today’s digital world. Software developers and companies invest a lot of time, effort, and money to create software products that solve problems, provide services, or entertain users. But how can they protect their software creations […]

A patent search can assist you to find existing patents that are relevant to your particular invention or idea. Both the USPTO and Google provide tools to enable inventors assess the novelty and patentability of their inventions.  Both tools have their advantages and should thus be used to perform a […]

If you have a software-based invention, you might be wondering how to find the right patent attorney for your needs. After all, software patents are not easy to obtain. To make things worse, an incorrectly drafted application will most likely result in your patent very difficult to enforce. Software patents […]

What is obviousness in patent law? Patent examiners often reject an application based on an obviousness rejection.  Obviousness means that someone who has ordinary skill in the field of the invention would have easily come up with the same idea, based on what was already known before you filed your […]

Software patents are one of the most sought-after forms of intellectual property protection for software developers and innovators. Software patents can help you protect your software inventions from competitors and infringers, increase your market value and reputation, and generate revenue from licensing or selling your patents. However, obtaining software patents […]

There is no such thing as a provisional patent. One can never receive a provisional patent because it simply does not exist. In order to protect your invention you may choose to file a provisional patent application. However, it is only an application that is not examined or even looked […]

Provisional patent applications are not searchable by the public. They can only be accessed after a non-provisional patent application, claiming priority to the provisional application, is published by the USPTO. Why can’t you search for provisional patent applications? As mentioned above, the main reason why you can’t search for provisional […]

While there is no clear answer as to who owns the copyright to artificial intelligence (AI) generated articles, depending on the context and the actors involved, different view-points and arguments can be put forward. Indeed, one could argue that AI related rights may become the next legal frontier. What is […]

Patent lawyer? Patent agent? When searching for a patent professional you may have encountered these two types of professionals. But what are the differences between them? And who should you hire for your patent project?   What is a patent agent? A patent agent is someone who has a technical […]

Artificial Intelligence (AI) is a powerful technology that can perform various tasks, such as discovering new drugs, developing new materials, designing new products, and solving complex problems. AI systems can also produce new inventions such as relationships, structures, algorithms and devices. But how does this affect one’s patent rights? Can […]

If you are filing a patent application in the US, you may encounter a “Processing Fee, Except in Provisional Applications” with fee code 1830, 2830, or 3830. This fee only needs to be paid under certain circumstances as explained below. Except for provisional patent applications, for each new application filing […]

Introduction Drafting software patents requires methodical discipline in the post-Alice world. To read about more about the subject, consider our previous post: how to patent software in the US. Here, we address three useful tips that would reduce the chances of receiving a 35 USC 101 subject matter eligibility abstract […]

If you are an inventor or patent owner, you may need to know what a patent terminal disclaimer is and how it affects your patent rights. In this blog post, I’ll explain what a patent terminal disclaimer is, why it’s important, and the pros and cons of using it. What […]

If you’re considering filing a patent application, you should be aware of a new rule that will affect the way you file documents. Effective June 30, 2023,  January 17, 2024 (updated) the United States Patent and Trademark Office (USPTO) requires that certain application documents be filed electronically in DOCX format. […]

Do you know what “first to file” and “first to invent” mean when it comes to getting a patent for your invention?In this blog post, we explain what these terms mean and why they are important for your patent rights. What does first to file mean? First to File “FTF” […]

So you have a brilliant idea and you want to make sure no one else steals it from you? Of course you would like to receive a patent! A patent is a legal document that gives you exclusive rights to your invention for a limited period of time. This means […]

Wondering how to patent software? Whether you have a mobile app, SaaS, cryptocurrency, or AI based invention, U.S. based software patent attorney Rohit Chhabra explains how to patent software based applications.   Can Software Be Patented? Any invention can be patented as along as it meets two conditions. First, the […]

Section 6 of the GNU Public License (GPL) version 2 states, in part, that “[y]ou may not impose any further restrictions on the recipients’ exercise of the rights granted herein.” Naturally, the first thought that may come to one’s mind is: any condition that may cause the recipient to not […]

Except for minor changes, amending the specification of a patent application is generally not possible if the patent priority date needs to be maintained.  Whether it is a provisional (temporary) or a non-provisional application, the priority date can only be preserved if the specification is not substantially amended with new […]

    Why Patent Open Source Based Software? Open source software is a multi-billion dollar industry. However, almost every open source developer I have met hates patents. They unequivocally loathe & despise patents, despite the fact that someone else exploits their hard work. To illustrate my point, let’s consider bitcoin […]

Wondering how to prepare for the Patent Bar for free? You have reached the right place. With some planning and hardwork you can pass the patent bar without spending a dime on professional courses. As a practitioner in the field, and from experience, I can tell you how I prepared […]

Yelp/ Youtube reviews have become ubiquitous. Almost every business gets reviewed, some positive and some negative. While positive reviews are always welcomed, negative reviews scorn some business owners to the extent that they contact us for legal advice. Photo by NordWood Themes on Unsplash Here is a hypothetical conversation between a […]

Often times an individual or company may want to challenge the issuance of a patent to another entity. This could be due to many reasons, e.g., inventor not named by company, incorrect claim of inventorship, fraud, inequitable conduct, violation of duty of disclosure, prior art documents, etc. The USPTO provides […]

Since in the US patent system, inventorship is recognized instead of the company to whom the inventor may be obligated to assign their rights, inventorship issues–especially in big companies–seem to have become commonplace. Managers (incorrectly) claiming to be inventors, rightful inventors being excluded from a patent application, adding names of […]

Patenting Business Method Based Software/ Mobile Apps As I describe in my previous post titled, How to patent software in the U.S. (2019) , a business method software patent is any invention that performs a business activity through software (e.g., taxi hailing apps, financial transactions based apps, dating apps, etc.). […]

Patents are a legal right to create a monopoly. What most new inventors do not realize is that creating such a monopoly is not cheap. There are so many professionals who advertise “too good to be true” fees online. Some professionals even claim to get a “provisional patent” for as […]

Most people believe that they are obligated to file a utility patent when they invent a device, gadget, or even software application. While utility patents are important, inventors tend to ignore the benefits offered by design patents. Different types of patent applications Utility Patents As the name suggests, anything of […]

The steps to get patent pending for your invention are: Gather the information related to your idea. The information needs to be sufficient to replicate your invention by another person without any input from them. Write a temporary or draft invention disclosure supported by figures and diagrams. Take your document […]

Differences between a patent and a trademark A patent relates to an invention. On the other hand, a trademark relates to the name under which a product, good, or service is sold and/or advertised. As an example, a shoe company may have different shapes of shoes that are patented, the […]

Consider the situation where you want to respond back to a final office action but do not want to submit substantial amendments to the claims. While practitioners generally expect the issuance of a non-final office action after a Request to Continue Examination (RCE), section 706.07(b) of the MPEP states that […]

The USPTO has proposed a $400 (large entity) penalty surcharge for initial non-provisional patent application documents submitted in non-docx formats. The penalty for small entities would be $200 and $100 for those who qualify for micro entity.  Currently, the proposed fee only affects non-provisional utility patent applications filed under 35 […]

Global PPH program The PPH is a program to expedite/ fast-track patent prosecution between global patent offices. Under this program, when one country’s patent office grants a patent, applicants can, independently, request each patent office to expedite prosecution of the matter in that country. This can reduce costs in obtaining […]

During prosecution of a patent application, applicant first receives a non-final rejection. Thereafter, a response is filed. If the examiner is not satisfied with the response, a final office action rejection is issued. A final office action rejection is a misnomer. This does not mean that a patent cannot be […]

In Chamberlain v. Techtronic  the Federal circuit held that a movable barrier operator (e.g., garage door opener) based invention was an abstract idea that failed the Alice test. The claim in question: 1. A movable barrier operator comprising: a controller having a plurality of potential operational status conditions defined, at […]

Date of first use is a very important concept in US trademark law. A trademark application can be filed under 15 USC § 1051 (a), which is an application filed based on actual use in the stream of commerce (referred to as a section 1(a) filing) or under 15 USC § 1051(b), […]

Screenshot of the free provisional patent application generator. Source: https://www.getmeapatent.com What is it? Get Me A Patent, available at https://www.getmeapatent.com, is a free provisional patent application generator that automatically formats an invention disclosure, and includes legal jargon. It then prefills required government forms and generates PDF documents in compliance with US […]

TL;DR: Reports indicate that eight of the MAGA hat wearing teens, who were incorrectly purported as being intolerant towards an elderly Native-American, are suing  Elizabeth Warren for defamation. This is asinine. I am not blaming the kids or their parents. But their lawyers. Why? First, the teens have an extremely […]

The USPTO is setting or adjusting patent fees for Fiscal Year 2020, which is the first fee increase in almost three years. This Final Rule is effective on October 2, 2020 (except for the surcharge for non-DOCX filings, which is effective on January 1, 2022). To preview the new fee schedule, […]

Once a provisional patent application has been filed, it cannot be amended (other than fixing procedural formalities). Therefore, to amend the subject matter one would need to refile the provisional patent application. As a reminder,  provisional application is a temporary filing that holds your spot in a time based queue […]

The first step to patent of an idea involves filing a provisional patent application which holds your invention date in a queue for one year. A provisional application is never examined by the patent office and needs to be followed up with subsequent non-provisional application. In this regard, some consider […]

Provisional Patent? Provisional patent applications (PPAs) are the first step in securing your invention rights. However, there is no such thing as a provisional patent. That means, you cannot assert rights by simply filing a PPA. Some like to consider a provisional application as a “temporary placeholder.” While such attribution […]

A utility patent can be either be filed as a provisional patent application or as a non-provisional patent application. Provisional Applications A Provisional Utility Patent application establishes a filing date, but does not mature into an issued patent unless the applicant files a regular non-Provisional Utility Patent application within one […]

The first step to patent of an idea involves filing a provisional patent application which holds your invention date in a queue for one year. A provisional application is never examined by the patent office and needs to be followed up with subsequent non-provisional application. In this regard, some consider […]

Cheap patent lawyers are problematic. But you want a patent cheap? Or free? First off, you need to realize, patents are a monopoly–the right to prevent someone else from copying your invention. And monopolies are not cheap. At least not in capitalistic America! If there’s money to be made, people […]

Cost of a provisional patent application can vary drastically from zero to $3,500+ (excluding government fee). The first step to protect ones idea is to file a provisional patent application. Doing so would protect your idea for at least one year during which you can secure funding or attempt to […]

Chhabra Law presents a searchable replication of the MPEP. This version provides significant improvements over the USPTO versions in terms of speed, accuracy, and user convenience. Intended audience  includes patent practitioners and students preparing for the patent bar. Students preparing for the patent bar should generally follow Gene Quinn’s MPEP […]

The problem with  no win no fee lawyers is that such a model is built on benefiting the attorney at the client’s expense. The problem  also stems from the client’s expectation of receiving free legal services, that costs thousands of dollars, for free with all risks taken by the attorney […]

Every blog post I’ve read about CIPs boldly claims “beware” of CIP practice as the parent application may be used against the CIP application as prior art. This is only partly true though. Why? Because, while parent applications can be used against the current CIP application — it only occurs […]

On January 4, 2019, the USPTO provided updated subject matter eligibility guidelines to resolve 35 USC Section 101 based rejections.  Director Iancu stated, “[t]hese guidance documents aim to improve the clarity, consistency, and predictability of actions across the USPTO … . [The office] will provide training to examiners and administrative […]

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 […]

  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 […]

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 […]

The simple answer is, not all ideas are IP protection-eligible.  [includeme file=”ncs.html”] 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 […]

Patent attorneys are asked this question numerous times, so I thought of addressing it here. Yes, you may refile a provisional application as long as you have not publicly disclosed your invention and understand that you will not be able to take advantage of the previous provisional filing date.    […]

Emojis, just like any other form of art, are copyrightable and/or patentable. Take for example, the following emojis: 😍 🙌 💯 — while each are approved by Unicode, the specific design implemented by each operating system or browser may be copyrighted by the creator of the software. Unicode in turn […]

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 […]

Can you patent a mobile app based idea? of course. However, there are caveats involved.   Tip: did you know — it may be advantageous to file design patent applications along with utility patent applications for a mobile or web app? Check out our animated video tutorials to learn more. […]

International patent applications for U.S. based inventions can be filed within one year (12 months) of filing a U.S. utility patent application (provisional or  non-provisional filing). The important thing to note, however, is that the one year clock starts from the earliest filing from which priority is claimed. Therefore, the […]

New inventors often get confused with the “detailed disclosure” that they need to provide their attorneys to procure a meaningful patent. While the general tendency is to disclose as minimum as possible (fearing a competitor may copy or steal the idea if disclosed in detail), such a mindset will most […]

Usually, inventors would either file a utility (provisional or non-provisional)  applications or a design applications. As a patent attorney, I’m asked the difference between the two almost everyday. For starters, you can read about the difference between a design v. utility patent applications here.  Design patents are often ignored by […]

While searching for a patent professional, you may notice the following: Some professionals are attorneys and others are agents. Patent attorneys charge more than most patent agents. There is a huge disparity in fees charged by each professional.   A few tips to select a patent professional are: 1. Attorneys […]

To create a monopoly by preventing another from practicing your invention is serious business and should not be presumed as an easy or cheap task.   The average fee charged by a reputable attorney for a patent application is:  Between $4,000 to $5,000 for a provisional patent application Between $7,000 to […]

In the US, a patent application must be filed within one year of public disclosure or offering the invention on sale or use anywhere in the world. Even trivial actions can initiate the one year time period. Public disclosure would include simple actions like casually describing the invention to a […]

Track one is USPTO’s Prioritized Patent Examination Program in which a utility patent application is given priority and examined before other non-prioritized (normally filed) patent applications. Under the track one initiative, the USPTO attempts to reach finality of the matter within one year of filing the patent application. Finality means […]

Today we received a patent document (certificate) for one of our clients with a new cover. As it turns out, this is only the second time the cover sheet has been changed in the last 100 years — in honor of issuing 10 million patents. Releasing the cover, USPTO Director Andrei […]

 During prosecution of a patent application, an ex parte Quayle action or simply a Quayle office action arises from the matter of Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11; 453 O.G. 213 (Comm’r Pat. 1935), and is issued when the claims of a patent application are considered allowable […]

The process to obtain  a utility patent can be confusing for non-lawyers. While not all aspects (like international filings, applications made special, expedited examination, etc.) are covered, this post attempts to simplify a rather complicated process. For patent protection in the US, an applicant can file a provisional utility patent […]

Recently I was asked by a family friend whether his 13 year old son’s idea was patentable. He took great pride in discussing his son’s idea, but he was dumbfounded when I asked him whether he’ll be able to provide a specific implementation of the software.   It’s a common […]

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 […]

https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule    

  The first thing one needs to know is that there is no thing as a “provisional patent,” but rather the correct terminology is a “provisional patent application.” Why is this differentiation important? Because a patent, by itself, implies rights, and most people erroneously believe by submitting a provisional patent […]

How to license a product in $65? Product licensing can be achieved cheaply by spending as low as $65, by filing a provisional patent. So, you came up with an idea for product that does not exist in the market, and you believe it will be a commercial success. In […]