All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

Determination of Equivalents in a Patent Application

Kashishipr

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application.

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Can you change a patent application after filing?

Patent Trademark Blog

Can you change a patent application after it has been filed? Do ideas simply stop churning in your head after a patent application has been filed? Anyone creative enough to file a patent application would likely continue to think and improve upon their innovation. When your brain has been in a constant mode of creation, it would seem natural to come up with changes after a patent application has been filed.

EXPEDITING EXAMINATION OF YOUR PATENT APPLICATION

JD Supra Law

The patent examiners at the U.S. Patent Office are generally required to take up patent applications for examination based on the order in which the applications were filed.

Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. Patent Term Extension.

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. What patent review comments would help your patent attorney draft a better patent application? How should you review patent drawings?

Why or why not file a patent application?

Patent Trademark Blog

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. You are unable to guarantee results much like a patent attorney cannot guarantee that your patent will be granted. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

Artificial Intelligence system as inventor in South African patent application: The case of DABUS

The IPKat

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application.

Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

IP Watchdog

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S.

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

IP Watchdog

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings.

In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

IP Watchdog

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant.

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Drafting AI patent applications for success at the EPO – eligibility and claim formulation

IAM Magazine

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights. Blog News Patents Strategy

What Patent Applications Signal About Green Energy Trends

IP Law 360

Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

Large entity, small entity or micro-entity: which type of patent applicant are you?

IP Spotlight

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 50%. Applicants who are micro entities can reduce certain fees by 75%. An applicant who is neither a small entity nor a micro-entity is considered to be a large entity and must pay standard fees. and 11.5-year anniversaries of the patent’s issuance.

Recategorization of Patent Applicants and Implementation Barriers to Rule 7(3) of The Patents Rules 

Selvam & Selvam Blog

The Patents (Second Amendment) Rules, 2020 (hereinafter referred to as the ‘amendment rules’) that came into force on November 4, 2020, primarily recategorized the Applicants and the fees paid by them for filing and prosecution of a patent.

Notice Alert: Properly Presenting Prophetic and Working Examples in a Patent Application

JD Supra Law

On July 01, 2021, the United States Patent and Trademark Office (USPTO) published a Notice requiring prophetic examples and working examples to be distinguished, at least, by using different tense in order to satisfy the written description and enablement requirements and comply with Applicant’s duty of disclosure. By: Miles & Stockbridge P.C.

Who Are Australia’s Leading Global Patent Applicants?

LexBlog IP

This is a guest contribution from Mike Lloyd of Patent-Insights. To answer this question with the most recent yet reliable data, I have looked at patent global publication data for Australian companies filed in the 12 months prior to 31 March 2021.

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

IAM Magazine

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies.

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

IAM Magazine

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies.

Drafting AI patent applications for success at the EPO – eligibility and claim formulation

IAM Magazine

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights. Blog News Patents Strategy

China’s overseas patent application volume remains high, but growth is slowing

IAM Magazine

Analysis PatentsThe country’s subsidy policy is coming to an end and this could accelerate the trend.

China’s overseas patent application volume remains high, but growth is slowing

IAM Magazine

Analysis PatentsThe country’s subsidy policy is coming to an end and this could accelerate the trend.

What is new matter?

Patent Trademark Blog

What is the meaning of new matter in patent applications? New matter in a patent application typically refers to something recited in the claims that is not supported by the specification. It can also refer to a description that an applicant tries to add to the specification that goes beyond the scope of the original disclosure. Can you file a related application to add the new content? appeared first on Patent Trademark Blog | IP Q&A.

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? Image with the text ‘open the gate’ (Image from here ).

Fish & Richardson Advising Grignard Pure on Patent Application for First and Only EPA-Approved Antiviral Air Treatment for COVID-19

Fish & Richardson Trademark & Copyright Thoughts

Fish is advising Grignard Pure on its patent application for this product, which is currently pending before the United States Patent & Trademark Office (USPTO). Tony Zhang to advise on patent protection for the ground-breaking product.

Regulations and the surge of software patent applications in the U.S.

IP Blog

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Patents Law firm Services

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels.

What are claim amendments?

Patent Trademark Blog

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution. What is at stake is the scope of the claims that will ultimately end up in the utility patent you’re hoping to obtain.

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Other Barks & Bites for Friday, September 10: HHS Secretary Proposes USPTO and FDA Collaborate on Drug Patents, Judge Koh Nominated to the Ninth Circuit and Tillis and Leahy Pen Letter on Inconsistent Patent Applicant Disclosures

IP Watchdog

The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods

Canadian Intellectual Property Blog

The updated guidance will be applied effective immediately to applications currently in prosecution as well as those presently before the Patent Appeal Board. Senior Patent Agent T: 613.801.0452 E: kpalmer@mbm.com Claire Palmer, Ph.D., The Federal Court in Choueifaty v.

What are your options after an unfavorable patent appeal decision?

Patent Trademark Blog

Unfavorable Patent Appeal Decision. An ex parte patent appeal decision by the PTAB that affirms an examiner’s rejections can seem like the end of the road, but you do have some options. Cost-sensitive patent applicants will likely avoid such costly endeavors. This article will focus primarily on pursuing on the non-litigation options of filing an RCE, continuing application or a request for hearing. appeared first on Patent Trademark Blog | IP Q&A.

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How long does it take to get a patent in 2021? And what about COVID-19?

TraskBritt Intellectual Property

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance.

Are multiple dependent claims allowed by the USPTO?

Patent Trademark Blog

Unfortunately, most specifications originating from foreign countries contain multiple dependent claims that would be improper under US patent rules. For foreign associates and applicants planning to file in the US, this is a helpful summary of what makes such claims proper or improper. No, you will receive an objection from the patent examiner requiring you to place the claims in proper format. appeared first on Patent Trademark Blog | IP Q&A.

Patent Assertion Entities: A Boon or a Bane?

Kashishipr

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ The internet has resulted in the era of patent trolls, directly or indirectly. Characteristics of a Patent Assertion Entity.

What is the difference between claims and the description of the invention?

Patent Trademark Blog

A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. A patent gives you the right to exclude others from doing your invention. How can you tell if someone is infringing your patent ? When it comes to utility patents, you can’t just eyeball it. The purpose of the description is not to define your patent rights.

The Top Signs That You Should Consult a Patent Attorney

Larson & Larson

So you have a great idea for a product that you have been working on and you want to patent it; but what are your next steps moving forward? Yet, you may find yourself wondering how you will know if you should hire a patent attorney to help you through this process.

Do you need a prototype before filing a patent?

Patent Trademark Blog

Do you need a prototype before a patent is filed? No, you do not need to build a working prototype before filing a patent application. Describing your invention in writing with as much detail as possible will prove to be a valuable resource as you consider the possibility of patenting. Experienced inventors and patent owners frequently talk about how an initial idea pivoted to another concept with greater commercial potential.

What is a preferred embodiment?

Patent Trademark Blog

In any other context besides patents, “preferred embodiment” would sound quite strange. Yet, the term is used so commonly and frequently in utility patents that the inexperienced reader might be tempted to gloss it without understanding its meaning. What exactly is the inventor (or, more likely, the patent attorney) trying to say when something is referred to as a preferred embodiment? Does a preferred embodiment limit your patent?

What are allowable claims?

Patent Trademark Blog

What are allowed or allowable claims in a utility patent application? The goal of filing a utility patent application is to get an allowance of claims with reasonably broad scope. But, the patent journey might not stop there. You should confer with your patent attorney to make sure you understand the scope of the allowable subject matter. Let’s look into your options when you finally encounter some good news in your patent application.

How is the US national stage different from other PCT country national phases?

Patent Trademark Blog

Most PCT applicants will likely consider the US as one of the potential national stage entries. Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. For any PCT applicant considering the USPTO, let’s take a look at how the US national phase different from other national phase filings.

Welcome Back to IP Osgoode: Here’s a Sneak Peek at what’s to come this year

IPilogue

If you are interested, please send your completed application to iposgoode@osgoode.yorku.ca If you are interested, please send a completed application to iposgoode@osgoode.yorku.ca Oxford International Intellectual Property Law Moot & USPTO National Patent Application Drafting Competition. We hope you enjoyed your summer and would like to welcome you back to another exciting academic year at IP Osgoode!

Prior Art: The Patent Pitfall

Larson & Larson

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art.

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