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Revolutionising Software Patents
At the forefront of intellectual property law for over 25 years, Robert Plotkin, co-founder of the boutique patent law firm Blueshift IP, is recognised as a leading expert in the complex field of software patents. As a patent attorney, he specialises in assisting start-ups, tech giants, universities, and law firms globally, navigating the intricacies of software and artificial intelligence (AI) patents. In this exclusive feature, Robert shares insights into his career, expertise, and the evolving landscape of patent infringement and enforcement.
A Journey from Coding to the Courtroom
Robert’s journey blends technical expertise with strategic legal thinking. Starting as a self-taught programmer in the early 1980s, he became fascinated with computers, beginning with the TRS-80 and programming in BASIC. His passion for technology led him to MIT, where he pursued computer science—but he soon realised his ambitions extended beyond programming.
“I realised I wanted to stay connected to the software industry but at a higher, strategic level,” Robert recalls. “Law appealed to me because it combined my love for writing, strategy, and advocacy, while allowing me to remain close to the software world.”
After graduating from MIT, Robert attended law school and swiftly entered the emerging field of software patents during a pivotal time in the mid-1990s. Following landmark court decisions that made software patentable, he joined a Boston law firm, helping shape the drafting and obtaining of software patents.
Over time, Robert’s practice broadened to include litigation, licensing, and intellectual property portfolio management. Today, Blueshift IP excels at developing international patent portfolios for innovative technology companies, assisting clients in navigating the complex legal landscape of monetising and defending their intellectual property.
Innovating in AI and Software Patents
One professional highlight for Robert is his involvement with artificial intelligence. With the recent surge in AI innovation, particularly over the last two years, Robert has found himself at the forefront of patenting AI technologies. He explains, “AI presents unique challenges and opportunities. Deciding what is patentable, identifying what should be kept as trade secrets, and effectively communicating these inventions to patent offices are fascinating and fast-moving challenges.”
To ensure patents remain relevant amidst rapid technological advances, Robert stresses the importance of forward-looking strategies. “You must consider how an invention might evolve and draft the patent broadly enough to cover future developments,” he advises. This approach ensures patents retain their value and enforceability even as technologies advance.
Proactively Tackling Patent Infringement
Robert has also been a pioneer in addressing patent infringement, advocating for proactive strategies to detect and respond to infringements.
“With modern technology, identifying potential infringers is easier than ever,” he says. “Companies regularly announce new products online, offering a wealth of information. Tools such as PatWorld enable efficient searches for potential infringements or competitors’ patent filings, providing significant strategic benefits.”
Robert dispels the myth that smaller businesses cannot effectively enforce their patents, highlighting cost-effective alternatives to litigation, such as contingency fee arrangements and third-party funding. These methods empower smaller entities to protect their intellectual property without prohibitive legal costs.
The Future of Patent Enforcement in a Rapidly Changing World
Looking ahead, Robert anticipates a continuing ‘cat-and-mouse’ dynamic between patent owners and potential infringers. He predicts that AI-powered tools will increasingly become central to both drafting robust patents and identifying methods to circumvent existing patents.
“The growing power of technology will enhance patent owners’ abilities to secure and enforce patents,” Robert explains. “Simultaneously, infringers will find increasingly creative ways to avoid them. It’s an exciting and dynamic period in intellectual property.”
Advice for Aspiring Patent Professionals
For those considering a career in patent law, Robert advises mastering fundamental skills before relying heavily on AI or advanced technological tools. “Learn traditional patent searching, drafting, and analysis methods thoroughly. These foundational skills are vital for effectively leveraging newer technologies,” he emphasises.
As an active practitioner and thought leader—regularly speaking at events and participating in discussions about AI in patent law—Robert embodies the blend of innovation and expertise essential in modern intellectual property law.
For more insights from Robert Plotkin or to explore the services offered by Blueshift IP, visit https://blueshiftip.com/ or connect with Robert on LinkedIn.
To support patent professionals like Robert in managing complex intellectual property challenges, the PatWorld database offers powerful search and analysis tools designed specifically for the modern IP landscape. From identifying potential infringements to uncovering prior art, PatWorld equips attorneys with the essential resources to stay ahead. Sign up at PatWorld today and experience the benefits first-hand.
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