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So far Gene Pierson has created 151 blog entries.

ACCENTURE GLOBAL SERVICES v. GUIDEWIRE SOFTWARE INC.

This case is the latest case in the debate regarding if software related patents are eligible subject matter under the Federal Circuit. In this case, Accenture is the holder of U.S. patent number 7,013,284, which is directed towards systems that generate and organize insurance-related tasks. The claims in the ‘284 patent include claims with various [...]

By |2013-09-07T18:53:33-05:00September 7th, 2013|Patent Attorney Takeaways|Comments Off on ACCENTURE GLOBAL SERVICES v. GUIDEWIRE SOFTWARE INC.

TRADING TECHNOLOGIES V. OPEN E CRY – Claim Construction v Invalidity

The lesson to be learned in this case is that claim construction and invalidity based on the written description are separate issues that have their own tests, and serve different purposes. In this case, Trading Technologies owns a family of patents that are related to presenting interfaces to users associated with commodities exchanges, think stock [...]

By |2013-09-05T10:59:32-05:00September 5th, 2013|Patent Attorney Takeaways|Comments Off on TRADING TECHNOLOGIES V. OPEN E CRY – Claim Construction v Invalidity

Should my start-up use LEGAL ZOOM to file a patent application?

Legalzoom or other legal companies that provide forms, templates, and other best practices documents that are a great resource for individuals and companies who desire legal protection at cheaper rates. In some circumstances, I do recommend people use Legalzoom for their legal needs, such as if they desire to have a simple will drafted, prenuptial [...]

By |2013-09-04T14:41:30-05:00September 4th, 2013|Blog|Comments Off on Should my start-up use LEGAL ZOOM to file a patent application?

The best patent law resources for Austin Startups new to patent law

There are several resources on the internet that are beneficial to patent attorneys, engineers, start-up companies, etc. that are new to patent law. I have included a link to each of the websites as well as a brief description of each website. References Beneficial to Start-Ups/Inventors New to Patents and/or Patent Law: 1.       IP WATCHDOG [...]

By |2013-08-08T11:06:06-05:00August 8th, 2013|Blog|Comments Off on The best patent law resources for Austin Startups new to patent law

Can Computer Software and Mobile Applications Be Patented? Yes!

A common question I get from the start-up community here in Austin is “Can I patent software for my mobile application and software?” Currently the United States is a jurisdiction that allows for software to be patented while other jurisdictions, such as Japan do not allow software to be patented. In re Bilski, a pivotal [...]

By |2013-08-08T09:49:52-05:00August 8th, 2013|Patent Basics|Comments Off on Can Computer Software and Mobile Applications Be Patented? Yes!

WHAT ARE THE DIFFERENCES BETWEEN A LARGER PATENT PROSECUTION FIRM AND A SMALL FIRM?

There are many differences between working at a larger patent prosecution firm (50+ lawyers, biglaw) and a small patent prosecution firm (1-3 lawyers, small law). Medium sized patent prosecution firms (10-30 patent lawyers) have many of the same issues as larger patent prosecution firms, just with clients with fewer demands for patents. Therefore, this blog [...]

By |2013-08-05T08:52:18-05:00August 5th, 2013|Blog|Comments Off on WHAT ARE THE DIFFERENCES BETWEEN A LARGER PATENT PROSECUTION FIRM AND A SMALL FIRM?

2013 Best Patent Law Firms indicating which firms have Austin, Texas Offices.

Below is a list of the top 10 patent law firms in the US based on issued patents over the following years: 2011, 2012, 2013. I am pleased to see that my former firm, Harness, Dickey, and Pierce is still listed as a top 5 law firm even after my departure. I am very glad [...]

By |2013-09-16T15:51:12-05:00August 1st, 2013|Patent Basics|Comments Off on 2013 Best Patent Law Firms indicating which firms have Austin, Texas Offices.

What are the differences between a Non-Final and a Final Office Action?

WHAT IS AN OFFICE ACTION? An “office action” is an official letter from the United States Patent and Trademark Office representing a patent examiner’s review of the status of a pending patent action. Typically, an office action indicated that none, some, or all of the pending claims are allowable, and the patent examiner’s concerns regarding [...]

By |2013-08-01T11:43:19-05:00August 1st, 2013|Patent Basics|Comments Off on What are the differences between a Non-Final and a Final Office Action?

PLANTRONICS, INC. V. ALIPH, INC. And ALIPHCOM, INC

Patent attorneys beware how you respond to restriction requirements because your response may cause patent prosecution estoppel. PATENT ATTORNEY OVERVIEW In this case, Plantronics filed suit against Aliph and Alipcom (collectively “Aliph”) alleging that Aliph infringed on US Patent No. 5,712,453. The ‘453 patent is directed to concha-style headsets for transmitting received sounds to the [...]

By |2013-07-31T19:27:30-05:00July 31st, 2013|Patent Attorney Takeaways|Comments Off on PLANTRONICS, INC. V. ALIPH, INC. And ALIPHCOM, INC

What are the differences between a 35 USC 102 and a 35 USC 103 rejection?

During patent prosecution it is likely that a patent examiner at the USPTO will issue an office action with a 35 USC 102 and or 35 USC 103 rejections. Samples for responding to a 35 USC 102 rejection can be found here and 35 USC 103 rejection here. The main different between a 35 USC [...]

By |2013-07-31T13:13:14-05:00July 31st, 2013|Patent Basics|Comments Off on What are the differences between a 35 USC 102 and a 35 USC 103 rejection?
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