Patentably Defined
SEPTEMBER 2, 2010
The USPTO has updated its examination guidelines concerning obviousness under 35 U.S.C. §103, in light of precedential decisions from the Federal Circuit issued since the United States Supreme Court decision in KSR Int’l Co. v. Teleflex Inc. The Updated Examination Guidelines were published in the Federal Register yesterday and include additional didactic examples concerning obviousness.
Patentably Defined
AUGUST 13, 2010
The USPTO recently issued a notice modifying the procedure for registered practitioners to show authorization to conduct an examiner interview. Now, in addition to the submission of an executed power of attorney, the signing and submission of an Applicant Initiated Interview Request Form ( Form PTO-413 A ) will be treated as a proper indication of authorization to act in a representative capacity.
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Patentably Defined
JULY 28, 2010
The USPTO has published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos. This Interim Guidance went into effect yesterday, July 27, 2010, supersedes previous guidance on subject matter eligibility, and is to be retroactively applied to all pending applications. The Interim Guidance is available here (in html) and here (in pdf).
Patentably Defined
JULY 26, 2010
When an Office action is issued by the USPTO, the time period for filing a reply begins. If a reply is not filed within the period specified in the Office action, the application is technically abandoned by operation of Rule. An applicant can usually buy an extension of up to five additional months, however, so long as the statutory limit of six months is not exceeded.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Patentably Defined
JULY 9, 2010
For those of you who have followed this blog over the years, welcome to version 3.0! This site has been quiet for the past several weeks while it underwent an overhaul, which included both a new, custom theme and a WordPress upgrade. I also used this time to take a break from posting and regain some focus. Sometimes, one just has to wait for inspiration to write about prosecuting patents.
Patentably Defined
JUNE 4, 2010
In a post back in June , I discussed how many filing errors/omissions in new, electronically filed applications may be corrected by a follow up submission on the same day. Not every omission may be corrected this way, however. Since my June post on the correction of filings, I have received several emails inquiring about the exceptions – examples of filing errors/omissions that are not correctable by a follow up submission.
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Patentably Defined
MAY 20, 2010
The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experiences an unscheduled outage. Previously, the entire EFS-Web system was unavailable to the users during such an outage. The new EFS-Web contingency option will permit users to sign-on as unregistered users to file new applications, national stage submissions under the Patent Cooperation Treaty (PCT) submitte
Patentably Defined
MAY 20, 2010
There are many advantages to filing applications via the USPTO’s electronic filing system (EFS-Web). One practical advantage is that the USPTO measures the size of an electronically filed application differently than if it were filed by paper. An application filed under 35 U.S.C. 111 (this includes provisional, nonprovisional and design applications, and reissue applications) that exceeds 100 pages in total length is subject to an additional filing fee under 37 CFR 1.16(s) for each additional 5
Patentably Defined
APRIL 7, 2010
Have you ever had a question about an application in prosecution but have been unable to find the correct person to assist you? Have you ever been unsuccessful in obtaining assistance from an examiner or Supervisory Patent Examiner? If so, you will want to take note of the USPTO’s new Ombudsman Pilot Program. The Ombudsman Pilot Program is designed to assist in getting the process back on track when there is a breakdown in the normal prosecution process.
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