Patent Invalidity Research

A reality of the American patent system is that many software patents are granted by the PTO which should not have been. Moreover, software patents are not easy to index or search because terms are used inconsistently in the field of computer science.

What We Do

Quandary Peak experts:

  • Are highly proficient in finding and validating (or invalidating) prior art.
  • Have backgrounds from both academia and industry, so you can be assured that our prior art searches are as broad as possible.
  • Go well beyond searches of patent databases, and investigate academic research journals, trade publications, industry conference proceedings, and numerous other sources.

What We Know
  • What a PHOSITA is
  • Prior art vs. analogous art
  • Indefiniteness of means-plus-function (MPF) claims under 35 U.S.C. § 112
  • Patentable subject matter under 35 U.S.C. §101 in light the SCOTUS decision in Alice Corp. v. CLS Bank International
  • The implications of KSR Int’l Co. v. Teleflex, Inc. for establishing teaching, suggestion, or motivation (TSM)
  • The Cooperative Research and Technology Enhancement (CREATE) Act of 2004

Prior Art Discovery

The number of issued patents and the lack of consistency in terminology in the computer field presents unique challenges for software patent prosecution. Quandary Peak’s unique and detailed approach to prior art research, combined with our experience and knowledge base (particularly with regard to mobile, web, and smartphone software patents) ensures that our clients’ applications and patents are found to be new and novel.

What We Do

Quandary Peak experts can:

  • Perform exhaustive and in-depth searches of prior art for patent prosecution
  • Leverage existing knowledge base and infringement experience to develop strong prior art references
  • Allow for a faster start-to-finish time for patent issuance

What We Know
  • Patent databases and software research repositories
  • Computer science journals, academic conference papers, and other scholarly articles
  • Software industry magazines, conferences, and workshops
  • Computer science and software textbooks and technical guides
  • Patent references, prior art, and analogous art
  • The America Invents Act (AIA) of 2011

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