Robert Plotkin
Posts by Robert Plotkin
A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB
Today’s environment demands an agile approach, one that involves substantial up-front planning, followed by continuously learning from both the client and the marketplace, using a strategy …
A Post-Alice Playbook: Practical Strategies for Responding to Alice-Based Rejections
Although the Supreme Court in Alice declined to provide an express definition of “abstract idea,” the opinion is packed with evidence that the Court intended for the …
Software Patents are Only as Dead as Schrödinger’s Cat
The environment for patent applicants and examiners that has resulted from such inconsistent treatment of Alice by the USPTO is one in which neither examiners nor applicants …
Why Bilski Re-Affirms the Patent-Eligibility of Software
Even a very conservative reading of the opinions indicates that the Justices intended to leave the status of software as patent-eligible subject matter unchanged, and for further …
Why Wishes Should Be Patentable
Critics of software patents often argue that software should not be patentable because software is too “abstract” to be patented. The patent system was created to protect …