Posts by Stephen B. Schott
Federal Circuit: Software Not An Abstract Idea—Is Patentable
Software patents are alive. Again. Many pundits have been saying it since the Supreme Court’s Alice decision on patentable subject matter in 2014 but there has been little guidance on the topic from the leading courts until now.On Thursday, the Federal Circuit ruled unanimously that software and data structures were not inherently abstract ideas and were therefore patentable under…
Read MoreApril 2016 Patent Law Update
dreamstime_s_38780059 2USPTO Subject Matter Guidelines UpdatedIf you haven’t seen them, the USPTO published patentable subject matter hypotheticals, with an accompanying analysis. The PTO published these examples last year but recently added more examples that include a focus on bio-related technologies.Courts Cannot “Factor Out” Functional Elements When Construing Design Patent ClaimsSport Dimension, Inc. v. Coleman Co., Inc. (Fed.…
Read MorePatents vs. Trade Secret: Which is Right for You?
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. SchottPatents prevent others from using your idea in exchange for you sharing that idea publicly. Trade secrets reward you for keeping your idea secret from others. So interestingly, the legal protection for each originates from different sources: open disclosure (patents) vs. secrecy (trade secrets).You may face a decision…
Read MoreThe Happy Birthday Song, Batmobile, And Copyright Law
Copyright law doesn’t change a lot but a pair of interesting cases came out recently involving some pop culture.The Happy Birthday Song Are you one of those people who hears a story that sounds too interesting or curious to be true and just assumes it’s an urban legend? Do you hear a tall tale and…
Read MoreProp Head Reads: What Is Life: How Chemistry Becomes Biology
What is Life: How Chemistry Becomes BiologyAddy ProssMy friend Manoj recently said, “In 5 billion years, an atom learned to talk.”This observation begs the question: How did the atom learn to talk? How did non-life become life?Pross sets out to answer this question and in so doing addresses many obstacles, the largest of which is Newton’s…
Read MoreHow To Tell Someone To Stop Infringing Without Getting Sued
An Article in Schott, PC’s IP Law for Startups Series Dear Dr. Jones,It has recently come to my attention that your product, the Gadgetron, may infringe our client’s [patents, trademarks, copyright]. In order to avoid a costly lawsuit, during which you would have to pay large sums of money and which could result in the loss…
Read MoreProp Head Reads: The Martian And A Brief History Of Time
(You can view my non-prop-head book thoughts here)The Martianby Andy Weir(The Martian started as a personal blog writing project for Weir and its evolution from blog to book to a soon-to-be movie starring Matt Damon is a great story in itself.)You know the scene in Apollo 13 where a bunch of engineers at NASA are locked in a…
Read MoreFederal Circuit Broadens Application Of 35 USC 112(F)
US courts interpret patent claims written in a specific way under a special claim interpretation statute. Claims written in this way include “means plus function” elements that courts interpret under 35 USC 112(f) (often referred to as 35 USC 112(6)).Most patent practitioners in the US avoid means plus function style claims but they are common…
Read MorePractical Topic: Systems of Personal Organization
By Stephen B. Schott You know when you have a thread hanging from a sweater. You give it a tug hoping it will snap off. But it doesn’t. So you pull a little more. Then a little more. It will snap…it will snap… and you keep pulling…but deep down you know this sweater disassembly cannot be…
Read MoreClient Buzz: Check Out The Bee Book
The Bee Book is a beautiful book by Matthew Holbein and Emily Brooks of The Foliage Library, one of our clients who fulfills our mission to make the world a better place, one idea at a time. Here’s their Kickstarter The Bee Book Campaign and related video. If you want IdeaEsq delivered to your inbox, sign up for the daily or monthly newsletter.
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