Protect Software with Patent or Copyright Registration

Software may be protected by a copyright registration or a patent.  Copyright protection subsists at the time the software is created.  The owner of the copyright is the author of the software, or one for whom the software is made.  The owner has exclusive rights to display, reproduce and create derivative works of the software.  […]

First Action Non-Final Rejections

It is very common for the United States Patent and Trademark Office (USPTO) to reject claims in a First Office Action.  According to a study reported in June 2010 by Patently-O, the nation’s leading patent law blog, 73-98 percent of patent applications received a First Action Non-Final Rejection, depending on the Technology Center.  I am […]

Forms for US Patent Applications filed on or after Sept 16, 2012

The USPTO has prepared fillable forms for use in patent applications filed on or after September 16, 2012.  The forms are available through the USPTO website.  These forms are provided prior to September 16, 2012 for informational purposes only.  

USPTO is Updating its Fee Processing System

The USPTO is revamping its fee collection system.  While it is looking to other eCommerce models for best practices, the USPTO is also soliciting input from users.  If you would like to participate, send your contact information to, together with your user status (i.e., independent inventor, in-house counsel, attorney or legal assistant) and the […]

USPTO Announces Text2PTO, Online Text Filing

The USPTO plans to improve the application process by enabling the Office to accept text-based applications. This will allow applications to be filed in the same format in which the applications are most often prepared. This new service, called Text2PTO, builds on the existing Electronic Filing System (EFS). It is expected to improve efficiency by […]

Utility Models

Last summer, I attended an intellectual property seminar at a state bar function.  There was a panel of speakers, one of whom was a registered patent attorney and the General Counsel of a Fortune 500 company.  He admonished patent counsel attending the seminar for not promoting the use of utility models as an option for […]