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Trent Ostler

is an alumnus of UNH School of Law. Trent has diverse technical experience and has a strong interest in the intersection of data science and patent law. Trent is founder of Anticipat.com, a PTAB ex parte appeals research and analytics resource. He currently practices as intellectual property in-house counsel, where he helps protect technology through patents, copyrights, and open source licensing.

Recent Articles by Trent Ostler

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.