The Software Patent Podcast

After a patent is granted, you still need to take a few steps to keep it alive and enforceable.In this episode, Robert Plotkin, a software patent attorney and co-founder of the law firm Blueshift IP explains the proactive and ongoing steps needed to keep a patent enforceable. He also explains the challenge of patent marking software products.Tune in to this seventh episode of the Software Patent Podcast to learn about keeping your patent alive and enforceable. In This Episode, You Will Learn:The importance of patent marking (01:12)Risks related to patent marking (02:21)Why it's difficult to patent-mark software products (03:39)What the patent maintenance process entails (07:11)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

Expanding your patent protection scope gives you more options for monetizing your patent portfolio.In this episode, Cynthia Gilbert, a software patent attorney and co-founder of the law firm Blueshift IP explains the options available to you after receiving a notice of allowance. She also discusses the benefits of filing a continuing patent application.Tune in to this sixth episode of the Software Patent Podcast to learn how to expand your patent protection. In This Episode, You Will Learn:Options available after receiving a notice of allowance (00:33)How to expand patent protection (01:21)The importance of having at least one continuing patent application (04:33)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

It is normal for your first patent application not to be granted. In most cases, this signals the start of the negotiation process with the patent office. In this episode, Robert Plotkin, a software patent attorney and co-founder of the law firm Blueshift IP explains how to handle ungranted patent applications. He also covers why applications are rejected and why you need legal assistance when responding to rejection.Tune in to this fifth episode of the Software Patent Podcast to learn about handling patent application rejection. In This Episode, You Will Learn:Why it's normal for patent applications to be rejected (02:47)Why you shouldn’t take patent rejection personally (07:10)Why you should discuss your office action with your attorney (09:00)The different rejection terminologies (14:15)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

A common complaint among companies and people filing for patents is that the examination process takes too long.In this episode, Cynthia Gilbert, a software patent attorney and co-founder of the law firm Blueshift IP explains how you can accelerate the patent examination process. She also discusses how you can slow down the process and circumstances where that is beneficial.Tune in to this Fourth episode of the Software Patent Podcast to learn how to slow down or accelerate the patent examination process. In This Episode, You Will Learn:Ways of accelerating the patent examination process (00:48)How the PPH helps in speeding up patent examination (04:14)Reasons why someone might want to slow down the patent examination process (06:30)How to slow down the patent examination process(08:19)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

An international patent makes it possible to protect your intellectual property in markets outside the US. In this episode, Robert Plotkin, a software patent attorney and co-founder of the law firm Blueshift IP explains how to approach international patent applications. He also covers how to use a Patent Cooperation Treaty (PTC) and the benefits it provides.Tune in to this Third episode of the Software Patent Podcast to learn about what’s involved in applying for an international patent. In This Episode, You Will Learn:The options available when filing for an international patent (01:25)How to approach the decision on where to file a patent (03:10)What a PCT patent application entails (05:21)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

A provisional patent application is a kind of scaled-down patent application that can be prepared more quickly and is less expensive than a full patent application.In this episode, Cynthia Gilbert, a software patent attorney and co-founder of the law firm Blueshift IP explains the benefits and limitations of a provisional patent application. She also shares the most common mistakes made while filing for it.Tune in to this Second episode of the Software Patent Podcast to learn what a provisional patent application can and can’t do.In This Episode, You Will Learn:The definition of a provisional patent application (01:39)The benefits of a provisional patent application (03:00)Common mistakes made when filing for a provisional patent application (06:10)Resources:Four Myths About Provisional Patent ApplicationsLet’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

Welcome to this important conversation on patents.Patents cover a company's most cutting-edge innovations, often months or years before those innovations go to market.In this episode, Robert Plotkin and Cynthia Gilbert, software patent attorneys and co-founders of the law firm Blueshift IP,  set the stage for exciting episodes aimed at demystifying patent decisions. You’ll also hear about our expertise and how we approach patenting when working with clients.And now, let’s jump into the First episode of the Software Patent Podcast to hear more about collaboration with a patent lawyer.In This Episode, You Will Learn:How we approach the patenting process (01:23)The key role played by patents (03:42)Our goals with this podcast series (05:03)Let’s Connect!WebsiteEmailFacebookTwitterLinkedIn Hosted on Acast. See acast.com/privacy for more information.

This four-part series is all about artificial intelligence and understanding the patentability of AI innovations. In the first three episodes, we looked at how artificial intelligence can create super inventors that solve more problems in less time, how AI is enabling them to make their wishes come true, and how sometimes, inventors can create AI-based innovations that they, themselves don’t entirely understand.If you’ve missed those episodes, go back and take a listen.Today, in the last part of the series, Robert Plotkin - a software patent attorney, computer scientist and one of the founding partners at Blueshift IP, a U.S. patent law firm specializing in software patents - focuses on how artificial intelligence is making it more critical than ever before for innovative companies to choose between patenting their inventions or keeping them as trade secrets.Tune in to Episode 04 of The Software Patent Podcast – Deep Dive Series on Artificial Intelligence to find out why your inventions could be compared with The Goose that Laid the Golden Eggs – Aesop’s famous fable – and the aspects you should pay attention to when thinking to patent your AI invention.In this episode, you will learn:The story of The Goose that Laid the Golden Eggs. (01:38)How the fable illustrates perfectly the tension faced by today’s companies that are developing AI. (03:45)What happens with your AI invention after you file a patent. (05:27)The alternatives to patenting your AI invention. (06:59)How your AI technology is comparable with an employee that signs a non-disclosure agreement. (09:01)  Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

In the first two episodes of this series, we discussed how artificial intelligence can create super inventors that solve more problems in less time, and how AI is enabling them to make their wishes come true. Now it’s time to see what happens once the AI-generated inventions are built.Today, Robert Plotkin - a software patent attorney, computer scientist and one of the founding partners at Blueshift IP, a U.S. patent law firm specializing in software patents, focuses on how artificial intelligence is enabling inventors to create inventions in ways that they, themselves, don’t understand – and the impact of that on patent law.If you want to find out more about this topic, then tune in to Episode 03 of The Software Patent Podcast - Deep Dive Series on Artificial Intelligence!In this episode, you will learn:About Robert’s book, “The Genie in the Machine: How Computer Automated Inventing Is Revolutionizing Law and Business” (01:35)The example Robert used in his book, to demonstrate that AI-generated inventions can be hard to understand, even by their creators. (01:58)The implications that AI-generated inventions have on obtaining a patent. (03:14)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

In our first episode of this series on understanding the patentability of AI innovations, Cynthia Gilbert discussed how artificial intelligence can create super inventors that solve more problems in less time.Today, in our second episode, Robert Plotkin - a software patent attorney, computer scientist and one of the founding partners at Blueshift IP, a U.S. patent law firm specializing in software patents, focuses on how artificial intelligence is enabling inventors to make their wishes come true – and the impact of that on patent law.Tune in to Episode 02 of The Software Patent Podcast - Deep Dive Series on Artificial Intelligence to find out how exactly AI turns Edison’s famous phrase, “Genius is 1% inspiration and 99% perspiration”, on its head, thus allowing inventors to focus more on innovation and less on the work involved in the process.  In this episode, you will learn:An inventor’s process before and after AI came into our lives. (01:23)How Thomas Edison’s work could have been less laborious if he had AI to help him in the process of inventing the light bulb. (05:23)How AI shifts the focus from physically building and testing prototypes to the skill of describing the requirements for a successful invention. (07:49)One significant implication of AI for patent law and companies that want to innovate. (09:53)The special expertise required for obtaining broad patent protection. (12:06)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

Although Artificial Intelligence can be largely used by inventors to boost their inventive skills, this point is often overlooked because people frequently think of AI as something that is replacing human inventors. There are countless examples of jobs actually being eliminated by technology, so this fear is understandable, to a point. But, AI can do so much in helping people solve the world’s most difficult problems, without actually replacing the human factor.In this four-part series, we’ll look at AI and discuss the patentability in this area. Today, Cynthia Gilbert, a software patent attorney, computer scientist, and one of the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – is focusing on how artificial intelligence is creating super inventors and the impact of that on patent law.Listen to Episode 01 of The Software Patent Podcast - Deep Dive Series on Artificial Intelligence, to learn more about how AI is allowing inventors to be even more creative and solve more problems in less time than before.In this episode, you will learn:The popular debate whether AI helps versus replaces the human inventors and who’s right. (01:21)How AI has helped astronomers to solve problems more easily and become better at their jobs. (02:18)The advantages of using AI in a repetitive process of generating, testing, and evaluating prototypes. (02:47)What the patent law requires of an inventor, and how AI influences the legislation changes. (04:23)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

We are all dealing with unprecedented circumstances right now, and we know that some of your top priorities are keeping your business running, and keeping yourself and all around you safe.In terms of keeping your business not only running but thriving, we, at Blueshift IP, want to partner with you and develop patent strategies tailored to the current economic environment that will work to maximize the benefits to you and your business.In today’s episode of The Software Patent Podcast, Robert Plotkin - a software patent attorney, computer scientist, and one of the founding partners at Blueshift IP – focuses on patent strategies in the face of COVID-19 and stresses the importance of taking action before your competitors.You’ll learn:The reasons you should invest in patents, regardless of the current economic environment. (01:34)The restrictions imposed on filing for patent if you have already made your technology available publicly. (03:21)How we, at Blueshift IP, can help you make targeted and limited investments that will preserve your options in the future. (04:07)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

The Internet of Things – IoT – refers to connecting a wide range of objects and devices to the Internet, in order to make it possible to monitor information about those things and to control what they do.Today, in the final episode of this series, Cynthia Gilbert, a software patent attorney, computer scientist and one of the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – is focusing on an introduction to the Internet of Things and its patentable areas.Listen to Episode 05 of The Software Patent Podcast – Beyond the Buzzwords series, to learn about the two types of innovators in the IoT space and the areas where there’s more opportunity to identify patentable subject matter.In this episode, you will learn:An example of a consumer-focused IoT patent. (01:29)The opportunities for the innovators who are taking advantage of the benefits of implementing IoT as it was intended to be used. (01:42)The opportunities for the innovators who are addressing the challenges of implementing IoT and the problems users face with existing IoT infrastructure. (02:30)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

In a previous episode, we provided an introduction to quantum computing and talked a little bit about some of the challenges that quantum computing poses for the patent system, for companies that are inventing in the quantum computing industry, and for patent attorneys.In today’s episode, Robert Plotkin - a software patent attorney, computer scientist and one of the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – focuses on putting quantum computing patents in historical perspective.Listen to Episode 04 of The Software Patent Podcast – Beyond the Buzzwords series, to find out how the next couple of years are a critical time in which groundbreaking innovators in quantum computing stand to obtain pioneer patents that could shape the industry for decades to come.In this episode, you will learn:What pioneer patents are. (02:10)The meaning of “prior art search” and its importance for the person or company who is trying to obtain a patent. (02:45)The reasons why now is the best time to file a patent application in the quantum computing field. (04:40)The advantages a company has when obtaining a patent in quantum computing. (06:20)Useful Resources:Blueshift IP websiteLinkedInEpisode 02 – Quantum Computing 1 Hosted on Acast. See acast.com/privacy for more information.

Blockchains provide an immutable ledger of data without relying on oversight by a central authority. Its various applications are the center of attention for many innovators, and there are still a lot of challenges to be addressed in this field.Today, Cynthia Gilbert, a software patent attorney, computer scientist and one of the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – is focusing on introducing the blockchain technology and its patentable applications.Listen to Episode 03 of The Software Patent Podcast – Beyond the Buzzwords series, to learn about the two types of innovators in this space, and the areas where there’s more opportunity to identify patentable subject matter.Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

Quantum computers have the potential to perform multiple computations simultaneously.Right now, they are on the verge of becoming commercially viable products that could be used to tackle the most challenging problems in computing, so companies that massively invest in the field deal with the challenge of which patents to focus their attention and their resources on.Today, Robert Plotkin, a software patent attorney, computer scientist and one of the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – focuses on another buzzword that you’ve probably heard for the past year or so: quantum computing.So, listen to Episode 02 of The Software Patent Podcast – Beyond the Buzzwords series, to understand the challenges and opportunities posed by this topic for patent law and strategy.In this episode, you will learn:The difference between a quantum computer and a classical one. (01:25)What a qubit means and what is the practical importance of it. (02:15)The advancements in the field so far. (03:31)The opportunities and challenges of quantum computing, from a patent perspective. (04:15)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

AI has been applied to everything from natural language processing to computer vision to robotics to machine learning, and its reach and impact is growing every day. Obtaining patent protection for AI requires special expertise in both patent law and AI technology.Robert Plotkin and Cynthia Gilbert, the founding partners at Blueshift IP – a U.S. patent law firm specializing in software patents – join you in a new series, where they discuss, in each episode, specific buzzwords that you’ve probably heard, and they help you understand the challenges and opportunities posed by that topic for patent law and strategy.So, listen to Episode 01 of The Software Patent Podcast – Beyond the Buzzwords series, where they focus on an introduction to patents and artificial intelligence.In this episode, you will learn:What AI is and how has it evolved over the past five years. (00:55)The two kinds of AI innovators – AI users and AI developers. (01:55)The two key questions AI innovators should explore as they start evaluating their inventions for patentability. (04:35)Useful Resources:Blueshift IP websiteLinkedIn Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, I’m going to share with you a really common misconception about software patents that hurts a lot of companies, puts them at risk and causes them to lose out on a lot of profit. I hear many high-tech entrepreneurs, business owners, managers and people in positions of power say:"Patents are worthless. They stop competitors from copying you, but our competitors aren't copying us. Our main problem is developing and selling our products, not stopping copiers. What we need to succeed is first-mover advantage and a great marketing and sales operation, not expensive, worthless patents."In this episode, you will learn about:How to protect your commercial success and viability of innovation in the marketplace from competitors are likely to swoop in. (1:55)How patent law works very differently than copyright and trademark law. (2:28)When the timing of filing for a patent has different stipulations in the US and internationally. (3:38)Patents are valuable for protection of your company’s success. (5:25)Why we file patent applications for our clients a year or more before they launch their first corresponding product. (5:55)If you were under the impression that patents aren't valuable, I hope that this brief explanation helped you to understand that although patents may appear to be worthless in the early stages of your product development, they become invaluable as soon as your product becomes commercially successful--which is precisely when you need a patent and when it would have been too late to seek patent protection if you had not already initiated the process.At Blueshift IP, we obtain strong, broad, and defensible patents for our software clients everyday. Contact us now to find out how we can help you to obtain patents for your business. Hosted on Acast. See acast.com/privacy for more information.

After having such a positive response to our four part series on How to determine whether software is patentable, we’ve added two more bonus parts to this series that will cover another criterion that you can use to evaluable whether your software is likely to be patentable. This is the sixth and final part of the series. If you’re an inventor, an executive at a high tech company or a patent lawyer outside the US, this instalment will at least help you to make a first pass determination of whether your software is worth considering for patent protection. In this episode, we will focus on the criterion on whether your software requires or benefits from the use of multiple computers or devices to work. If your software does work better when it's distributed along multiple devices, that does place your software in a stronger position. This is only another criterion to take into account, but not necessarily required. We often obtain patents for software that runs on a single computer or device. In this episode, you will learn:If your software does benefit from executing across multiple devices, this can make it easier for you to obtain a patent on that software [2:08]A common pitfall in patent applications for software that executes across multiple devices but just isn't valuable [3:35]Why it's important to have a patent attorney fluent in software patent law to write this patent to make sure it's technically valid and legally broad enough [4:01]I hope you have enjoyed and benefited from this series of podcasts on how to determine whether your software is patentable. Feel free to use this series of podcasts as a checklist when trying to determine whether to pursue patent protection for any new software. And reach out to us at Blueshift IP: Software Patent Experts, for guidance and help in obtaining software patents in the U.S. Hosted on Acast. See acast.com/privacy for more information.

After having such a positive response to our four part series on How to determine whether software is patentable, we’ve added two more bonus parts to this series that will cover another criterion that you can use to evaluable whether your software is likely to be patentable. If you’re an inventor, an executive at a high tech company or a patent lawyer outside the US, this installment will at least help you to make a first pass determination of whether your software is worth considering for patent protection. In this episode, I will focus on whether your software brings about an improvement to computer technology. If your software does bring about an improvement, this will weigh in favor of your software being patentable in the US, although it isn’t a guarantee. If your software does not improve computer technology, it is a factor to take into account. At Blueshift IP, we’ve been able to get patents granted for our clients whose software doesn’t necessarily improve computer technology. In this episode, you will learn:What it means for software to improve computer technology [2:52]An example for software to compute an improvement to technology [4:39]What to do when you’re evaluating your own software [6:55]This can be a tricky criterion to apply so it’s really important to retain competent patent counsel who is up to date on the latest nuances of this law. I hope you have enjoyed and benefited from this series of podcasts on how to determine whether your software is patentable.  Feel free to use this series of podcasts as a checklist when trying to determine whether to pursue patent protection for any new software.  And reach out to us at Blueshift IP: Software Patent Experts, for guidance and help in obtaining software patents in the U.S. Hosted on Acast. See acast.com/privacy for more information.