An Overview of Patent Assertion

The terminology surrounding patents can be confusing or, even, somewhat counterintuitive. Getting a patent approved with the U.S. Patent and Trademark Office (USPTO) is referred to as patent “prosecution,” although there is no criminal or civil wrong. When someone or some entity actually takes an (alleged) action that infringes on an existing patent or patent application, the patentee takes an action known as “patent Read More

Freedom-to-Operate Analysis

It goes by several different names—product clearance searches, right-to-use opinions, and other terms. For the purposes of this blog, we will refer to the process of studying the potential risks of commercializing a new product or service as the “freedom-to-operate analysis.” This is an important step for companies and firms looking to profit off of an invention or innovation that could ultimately receive patent Read More

An Overview of Patentability and Certain Barriers

Filing a patent application with the U.S. Patent and Trademark Office (USPTO) is the first step toward protecting your invention and securing your commercial interest in the invention. There are strict legal requirements for an invention to be considered patentable. Generally, there are five types of subject matter that are eligible for patent protection:  A new process or method A machine (with moving parts) A Read More

How are Damages Awarded in Patent Infringement Cases?

Just like the years-long process of applying for and receiving a patent from the USPTO, a patent infringement case can also last several years while you continue to lose money. Infringement disputes are often settled out of court for this and other reasons. Because of the complexity of markets and existing patent laws, calculating damages in these cases are often reached after testimony from expert witnesses. Judges Read More

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Effects of Court Cases on Procuring Software Patents

The ease of procuring patents for software and computer programs has ebbed and flowed over the decades since the Supreme Court’s first ruling related to software patentability, Gottschalk v. Benson (1972). After a considerable period in which patents were readily approved by the USPTO, a spike in litigation occurred. Partly in response to this spike, U.S. courts began issuing rulings that effectively tamped down the Read More