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Gary Cohen

is a registered patent attorney, currently with Basch & Nickerson in Rochester NY, who handled an extensive range of software patenting issues with a Fortune 500 corporation for over 26 years. Gary obtained his J.D from Indiana University School of Law and his B.S.E.E. from Purdue University. In addition to a to a heavy emphasis in patent law, Gary performs a significant amount of pro bono legal service, having received a President’s Award from the New York State Bar Association, in 2010, for such service.

Recent Articles by Gary Cohen

Surviving Alice: Counseling the Client

In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical implementation (i.e. the fuzzy logic). The client, however, may not know what the technical implementation is or what technical problems may need to be overcome. At this point, there may be no harm in filing a provisional patent application to capture the earliest priority date for the client. The next step under point (b) is to work with the client to develop a plan for implementation. Actual technical implementation can be expensive, but it is a very effective way to reveal technical problems that have to be solved. Technical implementation always (in our humble experience) reveals unforeseen technical problems. At some point, what is readily available may need to be modified or customized to serve the specific needs of the new business application, particularly as that application is scaled up. This is where patentable innovation occurs.