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As a U.S. patent attorney, I work with companies of all sizes (including many start-up companies), in the U.S., Europe and elsewhere, helping them file for and obtain U.S. patents.  I also help these clients coordinate patent filings worldwide.  A question I’m often asked is: are patents worthwhile?  As with many types of investments and property rights, the answer is – it depends.

By way of brief background, patents can be considered a contract between an inventor (or the inventor’s employer) and the government.  Like most contracts, patents are a two-way street.  In exchange for a full disclosure of the invention by the inventor, the government agrees to grant exclusive rights to the inventor/company, but only if certain patentability tests are met.

Continue reading ‘Patents: Are They Worthwhile for a Start-up Company?’

There is no form of intellectual property more controversial, nor more often misunderstood, than so-called “business method patents”. While some individuals and companies complain that patent systems were never intended to protect “methods of doing business”, patent applications on these types of inventions continue to be filed in record numbers. Government patent offices continue to issue such patents, with support by judges who interpret the patent law. While the United States Patent and Trademark Office (USPTO) has perhaps become the most liberal in granting business method patents, Europe (such as by way of the European Patent Office) also allows these types of patents to be granted, if they are deemed to have a “technical effect”. Like most debates, there are plenty of arguments to be made pro and con.

Continue reading ‘Intellectual Property Rights for Financial Services’