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Trademark Registration — software patent eligibility after Alice

Started by RestaurantOwner_Miami · Jul 16, 2023 · 2,111 views · 12 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
RM
RestaurantOwner_Miami OP

Has anyone dealt with something like this? I'm not sure what my options are.

software patent eligibility after Alice. I've been dealing with this for about 9 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

Do I have a strong case? What should my next steps be?

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

NH
need_help_parent_MA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

DC
desperate_contractor_question

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

FD
frustrated_dev_GA

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

FS
frustrated_student_2024

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

DC
desperate_creator_legal

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

GL
GigWorker_LA

Not a lawyer, but I have direct experience with this.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

AT
anon_tenant_help

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

SA
seeking_advice_buyer_WA

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

NH
need_help_creator_2025

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

DN
DataPrivacy_Nerd

I've seen this play out several times in my field.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

NS
newbie_student_FL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

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