Mark Nowotarski discusses how the most effective way to protect an inventive business method is with a patent on a technical invention.
The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice decision, the U.S. courts and the U.S. Patent and Trademark Office (USPTO) have consistently held that you can’t patent a business method by itself.
Mark Nowotarski offers a cautious ray of hope for business method applications. It’s tough to fight on after losing an Alice appeal, but that’s just what most applicants are doing. An “Alice appeal” is an appeal of a patent rejection under 35 U.S.C. 101 for lack of statutory subject matter. The major field of these… Continue Reading
Mark Nowotarski discusses how Business Method patents have recovered under the new 2019 Revised Patent Subject Matter Eligibility Guidance. Read Article on IP WatchDog |View as PDF Continue Reading
Mark Nowotarski discusses how Artificial Intelligence (AI) patents have made a strong comeback under the new 2019 Revised Patent Subject Matter Eligibility Guidance. The situation is grimmer for Finance patents. Read Article on IP WatchDog | View as PDF Continue Reading
Mark Nowotarski, Gary Cohen, and Trent Ostler discuss practical guidance on how to avoid or overcome statutory subject matter rejections under Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014). This is the first of a 5-part series. Read article on IP WatchDog | View as PDF Continue Reading
The fourth in a four-part series on Strong Design Patents. The article looks at the power of “policing”, which means actively searching for people copying your product and enforcing both your trademarks and design patents against them. Read article on IP WatchDog | View as PDF Continue Reading
Third in a four-part series on design patents, here we are looking at Apple’s design patents and their strategies for using them to protect the iPhone from being copied. Read article on IP WatchDog | View as PDF Continue Reading
The second in a four-part series on Strong Design Patents. In this article, here we are looking at the success of Apple Computer’s recent lawsuit against Samsung. Read article on IP WatchDog | View as PDF Continue Reading
First in a series of four articles about design patents. As an example, this article looks at the how Apple Computer has protected its intellectual property with a substantial portfolio of design patents. Read article on IP WatchDog | View as PDF Continue Reading
Crowdfunding is a proven way to get initial funding for the commercialization of an invention. This article originally appeared in IP Watchdog on June 1, 2011. A lot has happened since then. Herewith is the 2013 update. Read article on IP WatchDog | View as PDF Continue Reading
There are no icons to display.