“To invent, you need a good imagination and a pile of junk.” Thomas Edison

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]

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]