The Traditional Road to Appeal – If the claims in your patent application have been rejected twice, there are several options at your disposal, one of which is to go through the […]
Appeals Beyond the USPTO – the “End of the Line” in Patent Prosecution
Patent Prosecution and Appeal – a Review – As our regular readers may recall, several of our past columns have covered patent prosecution(1) and appeal(2) in the United States Patent and Trademark […]
Appeals in Patent Prosecution – Another Way to Cut the Deck
Reaching the Appeal Decision Point – As regular readers of this column know, after a patent application is filed, a series of proceedings known as prosecution (1) occurs between the Applicant (typically represented by […]
“This action is FINAL.” Or Not – “FINAL” Rejection Doesn’t Mean Final
Forewarned by Four Words – It’s been about four months since your patent practitioner worked with you to file an Amendment in response to an Office Action received from the USPTO in […]
Building The Case For Patentability: Prosecution in the USPTO
The Arcane World of Prosecution – Most engineers and scientists who have had some exposure to patents know that a substantial effort is required to file a patent application in the U.S. […]
Preissuance Submissions by Third Parties Under the AIA – “Getting the Wheels to Fall Off”
The America Invents Act – A Refresher – Patent reform in the United States, known as the America Invents Act (AIA), was enacted on September 16, 2011, creating the most substantial changes […]
An Eerie Sound – Transitory Signals and Computer Readable Media Rejections
Patent-eligible Subject Matter – The patentability of inventions is defined in the United States by federal statute 35 U.S.C. §101 that states “Whoever invents or discovers any new and useful process, machine, […]
Solemnly Sworn – The Use of Affidavits in Patent Prosecution
“Claims 1 – 4 and 11 – 24 are rejected under 35 U.S.C. 103 …” The words any inventor dreads. Your claims have been rejected. What to do? There are a number […]
Examiner Interviews and Their Place in Patent Prosecution
After your patent application has been filed with the United States Patent and Trademark Office, you will most likely receive an Office Action. When this happens, you have now entered what is […]
The Patent Prosecution Highway…an Opportunity for Faster Patents
The Highway: Why It Was Built – The Patent Prosecution Highway (known also as the PPH), is an initiative that was originally undertaken between the United States Patent and Trademark Office (USPTO) […]