Protect Software with Patent or Copyright Registration

Software may be protected by patent protection or copyright protection. Copyright protection subsists at the time the software is created, and generally protects the owner from unauthorized use or reproduction of the software code. Patent protection, on the other hand, does not exist until a patent issues, but it more broadly protects the functionality of the software. [See askmeip]

First Action Non-Final Rejections

Drafting broad claims that solicit a First Action Non-Final Rejection is the proper course of action, as long as the pending claims are drafted to avoid the prior art of record without unnecessarily giving up the broad scope of protection to which the applicant is entitled, even if met with resistance from the USPTO. [See askmeip]

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

USPTO Considers Shortening First Section 8 Deadline

USPTO Considering Adjustment in Trademark Application Fees

USPTO is Updating its Fee Processing System

USPTO Releases Trademark Status and Document Retrieval

USPTO Announces Text2PTO, an Online Text Filing

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 protecting innovation.  [See askmeip]