Schott, P.C. publishes Idea Law News monthly.
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Older Supreme Court Guidance on Patentable Subject Matter Post Alice

The question on almost every patent attorney’s mind these days is: “What is patentable subject matter in the wake of the Supreme Court case of Alice Corp. v. CLS Bank?” Because it is so recent, there is not yet a body of case law applying the two-part Alice test and finding claims to contain patentable subject matter. And until that body of case law forms, patent attorneys feel adrift on how to advise their clients and proceed before the USPTO. 

But where the Supreme Court sets patent attorneys to sea, it also provides guidance in the form of its older cases discussing patentable subject matter.  

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Patent Law for the Lay Person: What do the Words in a Patent Claim Mean?

Almost weekly, I have a conversation with someone who looks at a single patent drawing or abstract and asks me how someone could get a patent for “that.” I am happy to explain that the inventor didn’t get a patent for what’s in the abstract or drawing, but for what’s in the claims. At the end of the patent, after the abstract, drawings, and description, is a list of numbered sentences called the claims. The claims are the part of the patent that define exactly what the invention is.

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Nobel Prize Awarded for the Blue LED: What is it?

The Nobel Prize in Physics is usually awarded for a Star Trek-sounding discovery or invention like Giant Magnetoresistance. But this year’s award recognizes an invention that we use every day:  the blue LED. You may have one in your pocket or nearby right now. In fact, you’re probably staring at millions of them as you read this.

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A Beautiful Mind John Nash's Theory is No Good for Calculating Patent Damages

Imagine you own several patents for software related to video calling over wireless networks. And further imagine that a mobile phone manufacturer uses a built-in program that you believe infringes your patents. The question that the Federal Circuit in VirnetX v. Cisco faced was: Is an infringing damages calculation based on the price of the entire phone, or just the smallest salable unit that infringes the patent and is contained in the phone? 

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Our goal is simple: Make the world a better place, one idea at a time. That means working with inventors and creative people to help them protect, share, license, develop, and sell their ideas by practicing idea law, which is intellectual property law that focuses on patents, trademarks, copyrights, and trade secrets.
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