Patent Advice Blog - Boswell IP Law
Current thoughts on patent strategy, patent-related news, and other interesting intellectual property topics from Mason Boswell of Boswell IP Law.
European Software Patent Update
Thursday, 13 May 2010 22:51
Two years ago a European judge devised a list of four questions related to software patentability in Europe. Under the European Patent Convention (EPC), a question can be referred to an Enlarged Board of Appeals when a judge perceives a conflict in previous cases that affects the current case. I have been following this closely since many of my clients seek patent protection in Europe and I wrote part of the response submitted as an amicus brief by the American Intellectual Property Law Association (AIPLA).
What I Learned About Billable Hours From a Taxi Ride
Thursday, 23 April 2009 09:59
My wife and I attended a Mariners game tonight (Seattle's local baseball team) and ended up taking a cab home. On the way back, it occurred to me how great of a metaphor a cab is for exactly what I dislike about legal services that are billed by the hour.
Read more: What I Learned About Billable Hours From a Taxi Ride
Patents Often Lead to Rejection
Saturday, 04 April 2009 00:16
Patently-O has some great analysis of the initial rejection rates of patent applications that ultimately issued as a patent (click for link). This is great analysis and puts some real data behind what most of us have experienced in the field many times over. No matter how great an application is, it is very likely going to be initially rejected.
Layoffs Leading to Increased Innovation
Monday, 30 March 2009 07:16
John Cook of TechFlash asked the question over the weekend, "could laid off Microsoft workers spark a new innovation wave?". I can confirm that exactly that is happening.
Washington's Own Gary Locke to Select Next Patent Director
Saturday, 21 March 2009 17:18
The Senate Committee on Commerce, Science, and Transportation has approved the nomination of Gary Locke as Secretary of Commerce in the Obama Administration. Locke now goes to the full Senate for confirmation. Among other duties of the Secretary of Commerce is selecting the leadership of the U.S. Patent and Trademark Office.
Read more: Washington's Own Gary Locke to Select Next Patent Director
Patent Office Largely Wins on Continuation Rules
Saturday, 21 March 2009 01:03
The two-year old appeal of the United States Patent and Trademark Office's (USPTO) new rules regarding continuation applications, requests for continued examination (RCEs), and applications with a high number of claims (greater than 5 independent, 25 total claims) has finally been decided today.
Companies Founded in Downturns More Likely to Succeed
Wednesday, 11 February 2009 10:02
Did you know that founding a company in a recessionary period puts you in good company? Genentech, Microsoft, Southwest Airlines, and Genzyme were all founded in downturns and many well-known names were founded during the Great Depression, including Morgan Stanley, Allstate, Krispy Kreme, and Knoll. The following study from the Kauffman Foundation is interesting and includes some preliminary analysis on starting a company in a downturn: Kauffman Research Paper.
Read more: Companies Founded in Downturns More Likely to Succeed
History of Video Game Patents
Tuesday, 30 December 2008 12:26
There was a great post yesterday with a gallery of patent images from video game patents all the way back to the 60's. Here's the article: Technologizer Slide Show.
Mason Boswell - 2008 Rising Star
Monday, 15 December 2008 16:58
I'm proud to have been named a 2008 Rising Star by Washington Law and Politics magazine! Thanks to all of my peers who nominated me for this unexpected recognition. Click here for press release.
Another Great Article on the Death of the Billable Hour
Monday, 24 November 2008 20:07
There was a great article today in the Boston Business Journal about another firm charging flat fees for all of their services. Here's one quote:
Read more: Another Great Article on the Death of the Billable Hour
The Effect of the Bilski Case on Software and Business Methods
Friday, 31 October 2008 11:15
Just a quick note of reaction to the long-awaited Bilski case that came out today. If you have a software invention this really only affects how the claims are drafted. Most patent attorneys changed their practice some time ago from claiming simply "a method" to claiming a "computer-implemented method," and after this decision it will be interesting to see if the Patent Office treats that as enough or if more is needed such as tying each step to system components.
Read more: The Effect of the Bilski Case on Software and Business Methods
Can any use of software be an experimental use for inventors in the U.S.?
Friday, 29 August 2008 08:51
Under U.S. patent law, you cannot file an application for an invention that has been in public use or on sale in the U.S. for more than a year (35 U.S.C. 102(b)). A common question is whether a software invention that has been in beta testing for more than a year can be patented. A case decided August 19, 2008, In re Cygnus Telecom., seems to say no.
Read more: Can any use of software be an experimental use for inventors in the U.S.?
Startup Patent Strategy
Friday, 23 May 2008 21:56
The following is some information about early patent strategy that I often provide as a good primer for any company starting out with little or no knowledge of patents.
Background:
In the U.S. you cannot file for patent protection more than one year from the date the invention was first patented or described in a printed publication in this or a foreign country or in public use or on sale in this country. This includes disclosures you make as well as disclosures someone else who independently invents the same invention makes. For foreign rights you generally must file an application before ever publicly disclosing the invention.
Building a Company on the Strength of Research and IP
Thursday, 22 May 2008 23:23
This article (click here) discusses Microsoft head of Research Rick Rashid's comments that the key to a technology company's survival is research. The article provides some great examples of how Microsoft is finding new areas of revenue through their research.
Rick's comments go right along with a message about the importance of patents to protect the research and development a company is doing. In my experience, I have met three types of companies:
Read more: Building a Company on the Strength of Research and IP
Is it Okay to Resell Software on EBay?
Thursday, 22 May 2008 22:26
It is an unsettled question whether the first-sale doctrine of copyright law applies to software, and today the U.S. District Court in Seattle said no. The first-sale doctrine says that once you legally buy a copy of a copyrighted work, you have the right to sell or give away your copy after that as you please (but you still cannot make additional copies). It has been debated for years whether a copyright owner that distributes software is giving the purchaser a license or selling a copy of the software.
Specialized Practice
Mason Boswell and Boswell IP Law specialize in protecting ideas in the software industry, electrical / electronic / computer industry, and in the game industry.
We offer advice regarding intellectual property law, how to patent an idea, software patent infringement, and related disciplines focusing on protecting your ideas.
Client Focused
Whether you are seeking protection for the first core idea of your business or adding to an existing portfolio, we tailor our approach to fit your needs and business goals.
Patent law is complex, so we work hard to make the process easy and explain the law in a way that gives you the information that you need to make important decisions.
Satisfaction
Our relationships with our clients are very important to us. If you are ever dissatisfied for any reason, we encourage you to discuss it with us and we will make it right.
Although we strive to do a great job, we believe that there is always room for improvement and we partner with our clients to actively seek ways to make our services better.
Fixed Fees
We prefer to perform our services for fixed (rather than hourly) fees so that the focus is on client interaction and high quality work rather than the clock.
Fixed fees allow you to budget effectively for protecting your ideas and to contact us whenever you have questions.
Nationwide Reach
We believe that learning about your idea is best performed in person, so we prefer to travel to you to learn about your invention.
We serve clients all over the United States, and do not charge for travel costs.
By Mason Boswell
Mason Boswell is a patent attorney in Seattle that focuses his practice on software, semiconductor, and game companies. In this patent advice blog, you will find current thoughts on patent strategy, patent-related news, and other interesting intellectual property topics.
