The Federal Circuit's May 10, 2016 decision in Enfish v. Microsoft confirms guidance that I have been offering for patenting inventions relating to computer software. That guidance has been, where possible, to characterize the invention not as solving a business problem, but as offering an improvement to the functioning of a computer, and to back it … Continue reading One Approach to Avoiding the Alice Trap When Patenting Software Related Inventions →

Per Hal Wegner, the total number of original applications filed in China in 2013 was over 2 million. See his note here.  The total number of new applications in the U.S. that year was about 272,000, roughly 1/8th the Chinese total. Granted, the Chines are heavy users of utility models and designs. But still.... That China has become … Continue reading US Falling Behind: China 1st in patenting; US 5th. →

“Patents are a tricky asset to trade,” said Josh Lerner, an economist at the Harvard Business School. “But there is clearly a huge amount of value in intellectual property. And I think what we’re seeing is the beginning of a lot more monetization and trading of intellectual property rights.” via With Smartphone Deals, Patents Become … Continue reading With Smartphone Deals, Patents Become a New Asset Class – NYTimes.com →

Thanks to the Leahy-Smith American Invents Act, prioritized examination, a new PTO program for patent applicants who wish to have examination of their applications concluded in 12 months, will be available starting September 26.  (PTO's Federal Register Notice)  It will cost $4800 for large entities, and $2400 for small entities. Prioritized examination had been scheduled … Continue reading Prioritized examination available for new applications beginning September 26, 2011 →

The President signed into law yesterday the Leahy-Smith America Invents Act. The Act makes the most significant changes to U.S. patent laws in the last 60 years. One hopes the changes will, at least in the short to intermediate run, get to the Patent and Trademark Office (PTO) enough money to allow them to dig out … Continue reading President Signs Landmark Patent Reform Legislation →

UDPATE: Amendments defeated.  Bill passed 89-9.  It's off to the President, who has said that he will sign it.  However, this is hardly the end.  New regulations will start pouring out of the PTO in the coming months. The Senate is in its second day of considerations of the House version of the Smith-Leahy America Invents … Continue reading Senate Considering America Invents Act →

As I mentioned in a prior post, Google's Eric Schmitt seemed to have a level-headed reaction to the price paid by Apple, Microsoft, Ericsson, EMC and others for Nortel's patent portfolio. He said, in effect, there's no cause for alarm. It appears to be a numbers game. With higher prices, there will be more people … Continue reading Google Paranoia? →

Trying to decide where to file a patent case? The Northern District of Texas wants you to file there, if, of course, venue is proper. But why would you? Well, mostly because you can be assured that, if it is filed in Dallas after September 1, 2011, it will be assigned to one of three district … Continue reading The Northern District of Texas wants your patent cases →