Software and Business Methods Became Tougher to Patent
After In re Bilski

In an en banc decision issued on October 30, 2008, the Federal Circuit addressed the important and long overdue issue of patentable subject matter under §101 of the U.S. Patent Act. Most directly it has impact with respect to the patentability of business method patents and software patents. In this paper, we will address both the reasoning and holding of the Federal Circuit in the In re Bilski case, but also provide practice tips we now employ when drafting patent applications claiming business method and software subject matter.

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The Patent Prosecution Highway (PPH)—
What Is It And How Can Your Company Take Advantage Of It?

As you probably know, patent rights end at the border.  Therefore, to protect an invention in the individual countries you exploit your invention, separate patents must be obtained.  While the creation of the European Patent Office (EPO) has made this process much easier for Europe, seeking patent protection on an international scale remains slow and costly.  The "Patent Prosecution Highways" (PPHs) being created by the U.S. and other countries address at least the former issue—time.

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We Can Help You Meet the Challenge of a Shrinking Budget

MMH was founded on the principle of providing quality IP legal services at a budget-conscious price.  While our message has been well received since we started the firm, it has gained additional traction in the current economic climate.  If your budget for outside IP legal services is getting squeezed, we can help you stretch your IP dollars so that you can maintain or grow your IP portfolio, even in these trying times.

Our primary focus is quality.  Each of the partners at MMH has at least a dozen years of experience in patent prosecution, opinion, due diligence, and related matters.  We graduated from some of the finest universities in the country, and honed our skills at larger, name-brand IP firms prior to founding MMH.  We have learned and developed best practices, and apply them to our clients’ work.  And the quality does not end at the partner ranks.  Our partners work closely with our associates, agents, and paralegals, so that all work product receives partner-level review prior to leaving our office.

Our firm structure allows us to deliver quality work product at a reduced rate.  The MMH business model is focused on eliminating unnecessary or unfair client costs.  We closely control our overhead so we can offer hourly rates that are significantly lower than typical IP attorney rates, and we have greater flexibility to pursue alternative fee arrangements.  We also do not pass along costs for items such as postage, copies, or faxes, which we consider part of doing business.  At MMH, you pay for our work product, not for our work space.

In short, we are built to survive and thrive in the current economy.  Our lean structure not only allows us to reduce your costs, but provides us stability in a volatile time.  We are largely unaffected by the issues facing other firms that may have significantly larger expenses, and instead can devote our full attention to your IP matters.