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Software & Information Technology

Harness Dickey has been involved with the full range of information technologies for decades. We know what it takes to overcome software patenting challenges and protect the high-tech innovations that are expanding global commerce. We counsel software and IT innovators as well as other industry leaders who are adopting these technologies into their own products and services.

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We don’t just dabble in computer and software patents. We offer solutions based on a deep understanding of the legal, technical, and industry trends affecting IP rights in the software and IT space. Obtaining software and IT patents that will hold up in court can be particularly challenging due to complex patent laws, especially the subject matter eligibility laws under § 101 of the U.S. patent laws. With decades of insight into the legal issues surrounding these innovations, we wade through court opinions and USPTO guidance and set a clear path to obtaining the patents that will safeguard our clients’ work.

We prepare applications with the goal of obtaining valid, licensable, and enforceable patents — patents that will stand up to § 101 challenges as well as Inter Partes and Post Grant Reviews in the Patent Office. We stand behind our work and have a litigation team ready to enforce the patents we obtain in federal district courts anywhere in the country. For some clients, that litigation team performs a review of claims — at filing, at allowance, and at certain other phases of prosecution — to ensure that the patents our clients receive are not just valid but are readily enforceable.

Software and IT developers benefit from our services because we deliver strong patents built with technical expertise. High-level ideas, described without an understanding of the implementing technology, are unlikely to result in valid patents. Turning the technical details of software innovations into concise descriptions fit for a patent application requires the skill of a practiced professional. Our patent attorneys and patent agents have diverse technical backgrounds supplemented by a continuous review of the best practices in legal and formal requirements. Resulting patent applications are better suited to withstand scrutiny at the USPTO and help form the basis for profitable licensing opportunities.

Companies seeking to protect their technologies through copyrights and trade secrets also benefit from the strategic counseling we offer. We have demonstrated success in enforcing software copyrights and regularly work with clients on developing trade secret programs and drafting confidentiality agreements.

We counsel clients in nearly every area of information technology. Our team includes attorneys and other IP professionals with advanced degrees in electrical and computer engineering as well as prior experience working as engineers and software developers. We use our breadth of technical experience to counsel clients in the following areas:

  • Application development
  • Artificial intelligence and machine learning
  • Augmented reality
  • Autonomous vehicle software
  • Cloud computing
  • Cryptography
  • Cybersecurity
  • Database design and storage
  • Financial technology and mobile payments
  • Geolocation and navigation software
  • Healthcare information systems
  • Image recognition
  • Networking
  • Neural networks
  • Recommendation and personalization systems
  • Security
  • Social networking
  • Speech recognition and closed captioning
  • Systems architecture
  • Virtual reality
  • Web services

Our clients include domestic and international software, hardware, and IT ventures of all sizes with the common goal of leveraging and safeguarding their innovations. We know the software and information technology industry inside and out because we counsel clients in all segments of the industry and keep up with innovations and general trends. We advise clients on domestic and international patent prosecution, strategic development and licensing, as well as provide highly effective enforcement and litigation counsel. We also prosecute and litigate complex IP matters, including software copyrights, and assist our clients in protecting their IP rights from infringement and misappropriation.

Solving § 101 Subject Matter Issues

Companies looking to create robust, licensable, and litigation-ready patent portfolios benefit greatly from a partnership with Harness Dickey. We have developed a proven methodology for putting our clients in the best position to overcome § 101 rejections based on our practices and strategies for solving subject matter issues.

For an overview of this methodology, including a test case scenario using a hypothetical VR technology, please visit our page outlining our experience in overcoming § 101 challenges.