Yes, patents and patent applications are property, and as such, can be transferred or sold just like other tangible property. Owners of quality patents who are less willing to seek remedies through the court system, or would prefer to quickly capitalize on the value they have created through their innovations can sell their patents outright. […]

For patent owners or patent application owners who are strapped for cash, a large number of economic institutions and funds have recorded assignments for patents or patent applications held as collateral for business loans. Marathon Patent Group, a group that is a testament to the value of patents through its business model of purchasing patents, […]

Over the last few weeks we have discussed the impact of Alice on patents, and determined that it is still possible to obtain software patents post-Alice. We saw patent litigation suit filings close to all-time highs. Although filing one or more litigation suits is certainly a viable way to monetize your patents, it is far […]

Question: If the USPTO grants me a patent on software, will courts use similar standards in upholding my invention as being patentable? Answer: Yes. Courts have followed the Alice guidelines in finding software inventions patentable. In fact, observers have found that many courts are broader than the USPTO in their approach to patentable subject matter. […]

Question: If the USPTO denies me a patent because my invention is related to software, can I have success appealing to the Patent Trial and Appeals Board (PTAB)? Answer: Yes. Many applicants for software patents have successfully obtained a patent by appealing to the PTAB after the USPTO rejected their patent application. The PTAB is […]