I navigate these various decisions and guidelines by working in collaboration with my clients as to various ways to claim their respective inventions (e.g., claiming non-natural claim elements where needed to illustrate patentably eligible subject matter, or alternatively looking for
appropriate arguments that meet the USPTO's guidelines), proper development
of a patent specification that can be
used for prosecution and litigation purposes (e.g., good actual, prophetic and comparative examples to illustrate the novelty and nonobviousness
of the invention while still maintaining a broad claim scope
of protection for future enforcement), and continual review
of the client's patent landscape (via competitive and
white space analyses and updates) to look for additional IP opportunities.