Patent Protection for Computer-Implemented Innovation
In early 2023, the talented inventors at Ponder (now part of Snowflake) approached Esplin & Associates regarding technology they had developed to improve the productivity of data scientists by empowering data science at scale in legacy data systems.
Software-based inventions sometimes face resistance at the USPTO. See, for example, our previous blog post here . For context, the pertinent Art Units at the USPTO have lower grant rates than average, and those grant rates include all patents granted within 3 years of the first Office Action (e.g., after significant back-and-forth between patentee and examiner).
Esplin & Associates formulated a strategy for protecting the innovation by Ponder that included two patent applications on two separate concepts relevant to facilitating data science with data stored in relational databases. These applications carefully introduce the nomenclature and fundamentals for Ponder’s solution. The figures progressively guide the understanding of the reader. The specifications culminate with clear and broad claims, suitable for efficient and compact prosecution at the USPTO.
Both applications were filed in March 2023 and allowed without any rejections, in August 2024. It goes without saying, the most important part of the process is the quality of the innovation. However, without a coherent strategy and effective execution, patent applications for a solution like Ponder’s could face fierce resistance during examination, which would substantially impact both the overall cost of obtaining patent protection, and the effective period during with the patent rights could be enforced.
