Contrary to popular belief, the U.S. Supreme Court decision in Alice Corp. v. CLS Bank has not prevented our clients from obtaining broad, strong, and defensible patents on computer hardware, software, and Internet technology. We have continued to use our unique combination of expertise in U.S. patent law and deep knowledge of computer technology to obtain such patents in the U.S. even after the Alice decision.
Many U.S. law firms have given up on trying to obtain computer-related patents in the U.S. in light of the Alice decision. Not so at Robert Plotkin, P.C. We are unique in opposing the conventional wisdom that Alice was the death knell for computer hardware, software, and Internet patents. We have continued to obtain such patents at a steady pace ever since Alice was decided. For some examples of computer-related patents we have obtained after Alice for our clients in the U.S., click here, here, here, and here.
It is true that Alice has caused a seismic change in the landscape for software patents. Prior to Alice a patent firm which did not specialize in software patents might have been able to obtain computer-related patents competently. That is no longer true after Alice. Now, in order to obtain computer-related patents that are broad, strong, defensible, and marketable at high values in the long term, it is necessary to retain an expert in computer-related patents. Generic knowledge of U.S. patent law, of patent law in other countries, or of engineering in other fields is no longer sufficient to obtain valuable computer-related patents after Alice. Instead, navigating the minefield created by Alice now requires detailed knowledge and expert skill in U.S. patent law specifically as it applies to computer technology and deep knowledge of such technology itself. We at Robert Plotkin, P.C. have precisely that unique combination of knowledge and skills.
Our firm’s founder, Robert Plotkin, is a recognized leader in the response to the Alice decision, as evidenced by:
- his articles about Alice on the foremost patent blog in the U.S., IPWatchdog (click here and here), and
- two recent articles on IPWatchdog featuring the opinions of industry leaders about Alice, including Attorney Plotkin, Paul Michel—the former Chief Judge of the highest patent court in the U.S., and Bob Stoll—the former U.S. Commissioner for Patents (click here and here).
Our expertise in U.S. computer hardware, software, and Internet patents and our experience obtaining such patents in the post-Alice world enables us to assist our clients in three different situations:
- We can tailor new applications to avoid rejections based on Alice and thereby maximize the likelihood of allowance.
- We can revise existing applications which have not yet been examined by revising them to avoid rejections based on Alice and thereby maximize the likelihood of allowance.
- We can respond to rejections of existing applications which have been rejected based on Alice by revising those applications to overcome the rejections.
Now, more than ever, it is necessary to rely on a specialist to secure strong, defensible, saleable computer-related patents. Alice has raised the bar for the level of expertise required to secure computer-related patents in the U.S. Make sure your company has access to the necessary expertise by contacting Robert Plotkin, P.C. today.