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What is patent prosecution?

Patent Trademark Blog

What does patent prosecution mean? Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. filing child applications.

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How to Win a Patent Application Argument

Patent Trademark Blog

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

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Patent application attorney vs. patent litigation lawyer: What are the differences?

Patent Trademark Blog

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Claim Drafting Issues for Biotech, Chemical and Pharma Patent Applications, Part II: From Indefiniteness to Negative Claim Limitations, Know Best Practices

IP Watchdog

In our previous blog post, we covered claim construction, Markush Groups, and dependent claim invalidation.

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Are You Unsatisfied With Your Current US Patent Agent or IP Law Firm?

Patent Trademark Blog

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control.

Law 52
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How to Lose Patent Arguments

Patent Trademark Blog

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent, therefore, will require skill in overcoming these inevitable rejections from the examiner. Then argue about how those claimed features are not in the prior art.

Patent 52
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USPTO Steps in for Congress in Attempt to Legislate on Terminal Disclaimers

IP Watchdog

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).