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Revolutionizing Software Patents at Blueshift IP: Spotlight on Robert Plotkin

6th January 2025

Revolutionizing Software Patents

At the cutting edge of intellectual property for over 25 years, Robert Plotkin, Co-Founder of the boutique patent law firm Blueshift IP, is a luminary in the complex field of software patents. As a patent attorney, he has carved a niche in representing startups, tech giants, universities, and law firms globally, specializing in the challenges and opportunities presented by software and artificial intelligence (AI) patents. In this exclusive feature, Robert shares insights into his journey, expertise, and the evolving landscape of patent infringement and enforcement.

A Journey from Code to Courtroom

Robert’s story is one of blending technical brilliance with strategic legal acumen. Beginning as a self-taught programmer in the early 1980s, he became fascinated with computers while working on the TRS-80 and learning BASIC. This passion for technology led him to MIT, where he pursued computer science. However, his aspirations extended beyond coding.

“I realized I wanted to stay in the software field but at a higher strategic level,” Robert recalls. “Law became very attractive because it allowed me to combine my love for writing, strategizing, and arguing, all while staying connected to the software world.”

After graduating from MIT, Robert attended law school and quickly entered the burgeoning field of software patents during a pivotal era in the mid-1990s. With landmark court decisions making software patentable, he joined a law firm in Boston, where he helped define how software patents were drafted and obtained.

Over time, Robert’s practice expanded to include litigation, licensing, and portfolio management. Today, Blueshift IP excels at building international patent portfolios for innovative tech companies, helping clients navigate the intricate legal terrain of monetizing and defending their intellectual property.

Innovating in AI and Software Patents

One of Robert’s professional highlights is his work with artificial intelligence. As the AI boom took off, particularly in the last two years, Robert found himself at the forefront of patenting AI innovations. He explains, “AI presents unique challenges and opportunities. Deciding what can and can’t be patented, determining what to keep as a trade secret, and explaining these innovations to patent offices are fascinating and rapidly evolving tasks.”

To keep patents relevant amidst technological advancements, Robert emphasizes the importance of forward-thinking strategies. “You need to brainstorm how an invention might evolve in the future and write the patent in a way that covers as many potential developments as possible,” he advises. This approach ensures that patents remain valuable and enforceable even as technology progresses.

Proactively Tackling Patent Infringement

Patent infringement is another area where Robert has been a pioneer. He advocates for proactive strategies to identify and address infringement.

“With today’s technology, it’s easier than ever to find infringers,” he explains. “Companies often announce new products online, providing a goldmine of information. Tools like PatWorld make it possible to efficiently search for potential infringers or competitors’ patent filings, offering significant strategic advantages.”

Robert is quick to dispel the myth that small businesses can’t enforce their patents. He highlights cost-effective alternatives to litigation, such as contingency fee arrangements and third-party funding, which empower smaller entities to protect their intellectual property without exorbitant legal expenses.

The Future of Patent Enforcement in a Rapidly Changing World

Looking ahead, Robert envisions a “cat-and-mouse game” between patent owners and potential infringers. He foresees AI-based tools becoming integral to both drafting robust patents and identifying ways to design around existing patents.

“The increasing power of technology will enhance the ability of patent owners to secure and enforce patents,” Robert says. “At the same time, it will enable infringers to find creative ways to work around them. It’s an exciting and dynamic time in the field.”

Advice for Aspiring Patent Professionals

For those considering a career in patent law, Robert offers sage advice: master the fundamentals before relying on AI and other advanced tools. “Learn to search, draft, and analyze patents the traditional way. These foundational skills are essential for effectively leveraging new technologies,” he emphasizes.

As someone deeply engaged in both practice and thought leadership—including speaking engagements and panels on the use of AI in the patent profession—Robert exemplifies the blend of innovation and expertise that defines modern intellectual property law.

For more insights from Robert Plotkin and to explore the services offered by Blueshift IP, visit https://blueshiftip.com/ or connect with Robert on LinkedIn.

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To support patent professionals like Robert in tackling complex challenges, the PatWorld database provides powerful search and analysis tools tailored for the modern intellectual property landscape. From identifying potential infringements to uncovering prior art, PatWorld equips attorneys with the resources needed to stay ahead. Sign up today at PatWorld and experience the advantage first-hand.

Innovating Intellectual Property: Spotlight on Dave Clark, Partner at Potter Clarkson

9th December 2024

Innovating Intellectual Property

At the intersection of technology, law, and innovation stands Dave Clark, a Partner at Potter Clarkson, renowned for his expertise in software, AI, and electronics-based patents. His career journey, technical acumen, and commitment to client success exemplify the dynamic nature of the patent profession and the ongoing mission of innovating intellectual property.

From Engineering to Intellectual Property

Dave’s path into patent law was as innovative as the inventions he now helps protect. Initially pursuing a degree in electronic engineering, Dave found himself unexpectedly transitioning into the world of patents in 2003. “I really fell into it by accident,” he admits, recounting how the withdrawal of a graduate job offer prompted him to explore alternative career paths. A chance suggestion from a recruitment agent introduced him to the patent attorney profession, and the rest, as they say, is history.

A Day in the Life of a Patent Attorney

As a partner at Potter Clarkson, no two days are the same for Dave. Whether he’s navigating the nuances of patent applications or supervising trainees, his role is a tapestry of technical challenges and creative problem-solving. “One day, I might be working on 10 different cases; the next, I’m diving deep into a single patent application,” Dave explains. The diversity of technologies he encounters—from agricultural machinery to AI-driven healthcare solutions—keeps his work exciting and rewarding.

Tackling Complexities in Software and AI Patents

Navigating the intricate landscape of software and AI patents requires both technical expertise and legal dexterity. Dave is well-versed in overcoming the challenges posed by the European Patent Office’s (EPO) stringent criteria for software-related inventions. “Patents are available for the right type of software,” he emphasizes, advocating for realistic client expectations and tailored strategies. His ability to engage directly with EPO examiners further bolsters the likelihood of success for his clients.

Championing Innovation: The Paindrainer Case

Among Dave’s notable achievements is his work with Paindrainer AB, a Swedish start-up that developed a ground-breaking app to aid individuals managing chronic pain. By helping the company secure a patent through the EPO, Dave contributed to a solution that could significantly improve quality of life for countless patients. “Chronic pain is a huge issue, and it’s rewarding to support a client whose goals align with making a real-world impact,” he reflects.

The Future of AI in Patent Law

The rapid evolution of AI continues to shape discussions within patent law. While current EPO guidelines treat AI inventions similarly to other software innovations, Dave foresees significant debates on whether AI can be recognized as an inventor. He highlights the importance of evolving legal frameworks to keep pace with technological advancements, ensuring companies can protect AI-driven innovations effectively.

Advice for Aspiring Patent Attorneys

For those looking to follow in his footsteps, Dave offers practical advice: “Persevere. It’s a small profession, so timing is crucial.” He also underscores the importance of understanding patents as commercial tools rather than purely academic exercises, encouraging aspiring attorneys to cultivate both technical passion and business acumen.

Balancing Work, Life, and Passions

Outside the office, Dave finds solace in open-water swimming and rugby, activities that help him recharge and maintain a healthy work-life balance. Participating in events like the Rutland Water swim with his son exemplifies his belief in the importance of switching off to stay refreshed and inspired.

Looking Ahead: The Potter Clarkson Perspective

As technology continues to transform industries, Potter Clarkson is preparing for the future with initiatives like its AI policy. By ensuring transparency in the use of generative AI tools and safeguarding client confidentiality, the firm remains at the forefront of ethical innovation in patent law.

Dave Clark’s journey, expertise, and dedication highlight the vital role of patent professionals in fostering innovation and protecting intellectual property. Whether guiding a start-up like Paindrainer AB or navigating the complexities of AI, Dave’s work is a testament to the transformative power of combining technical knowledge with legal precision.

For further insights or to discuss how Dave Clark and the Potter Clarkson team can assist with your intellectual property needs, feel free to reach out to Dave at [email protected]. You can also learn more on innovating intellectual property by visiting the Potter Clarkson website at www.potterclarkson.com.

At PatWorld, we understand the importance of comprehensive and efficient patent searches in driving innovation forward. Our advanced search services are designed to support professionals like Dave Clark and companies like Paindrainer AB. We provide precise insights into prior art and patent landscapes. Whether you’re securing protection for ground-breaking software or exploring opportunities in AI and healthcare, PatWorld’s tools empower innovators to navigate the complex world of intellectual property with confidence. Visit www.patworld.com to discover how we can support your innovation journey.

Tag: Software