By Derek Fahey, Esq.Registered Patent Attorney For many years, 35 U.S.C. § 101 has been one of the greatest obstacles to obtaining patent protection for software innovations. Following the Supreme Court’s decision in Alice Corp. v. CLS Bank, software patent…
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Apple’s Trade Secret Lawsuit Against OpenAI: A Reminder That Intellectual Property Is More Than Patents
By Derek Fahey, Esq.Registered Patent Attorney Recent reports regarding Apple’s trade secret lawsuit against OpenAI have generated significant attention throughout the technology industry. While the allegations remain unproven, the case serves as an important reminder that a company’s most valuable…
FIFA’s Enforcement of FIFA World Cup Trademarks: What Businesses Need to Know
The FIFA World Cup is one of the world’s most recognizable sporting events, generating billions of dollars through sponsorships, licensing, broadcasting, merchandising, and related commercial activities. To protect the value of those relationships, FIFA aggressively enforces its intellectual property rights…
Federal Circuit Decision Highlights the Importance of Claiming “How” Technology Achieves a Result
By Derek Fahey, Esq.Registered Patent Attorney A recent Federal Circuit decision provides useful guidance for obtaining and defending software-related patents under 35 U.S.C. § 101. In Ceiva Opco, LLC v. Amazon.com, Inc., the court considered several related patents directed to…
Part 2: Understanding the Differences Between Utility Patent Protection and Design Patent Protection
Introduction Utility patents and design patents each provide valuable forms of intellectual property protection, but they protect fundamentally different aspects of an invention and offer different scopes of coverage, filing strategies, costs, and durations of protection. Understanding these distinctions is…
When a Patent Attorney Says “Do Not Get a Patent”
One of the most surprising things clients hear during an initial consultation is this: sometimes the best legal advice is not to pursue a patent. Although patents can be powerful business assets, they are not always the most effective tool…
Missed the 12-Month Patent Deadline? Why PCT Planning Matters
For companies pursuing international patent protection, the 12-month priority deadline following a patent application filing date is one of the most critical dates in the patent process. While missing this deadline may not always be fatal, the consequences can vary…
The Importance of Applicant-Initiated Interviews in Accelerating Patent Acquisition
Applicant-initiated interviews represent one of the most underutilized yet highly effective mechanisms for expediting patent prosecution before the United States Patent and Trademark Office. While the traditional back-and-forth of office actions and written responses remains the default path, it is…
What Is the Difference Between a Design Patent and a Utility Patent?
One of the most frequent questions I receive from clients and inventors is whether they should pursue a “design patent” or a “regular patent.” The question is understandable because the terminology can be confusing. In practice, what most people refer…
Three Critical Considerations When Responding to §102 Patent Office Actions
When responding to a rejection under 35 U.S.C. § 102, it is essential to proceed with a deliberate and structured strategy, as the examiner is asserting that the claimed invention is anticipated by a single prior art reference; accordingly, three…