Intellectual Property Law Blog

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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JD Supra Law

DECEMBER 8, 2023

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. By: Womble Bond Dickinson

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Technology Patent Application Patent Trademark 72

Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. An applicant is required to address all these objections and rejections in one response.

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Patent Prosecution Patent Application Government Patent 246

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). In other words, this is more of a contractual issue than statutory issue in the US.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patent Trademark Blog

DECEMBER 13, 2022

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. Prosecuting a patent application includes the following: drafting patent application.

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Patent Prosecution Patent Patent Application Litigation 98

Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

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Patent Application Cease and Desist Patent Patent Infringement 52

IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S.

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Patent Application Patent Trademark Patent Prosecution 133

Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. An applicant is required to address all these objections and rejections in one response.

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Patent Prosecution Patent Application Government Patent 130

Patent Trademark Blog

AUGUST 24, 2023

If you find that your US patent practitioner is lacking in the areas discussed below, then it might make sense to consider a change. Looking for a new US patent attorney to take over your pending patent application? How prompt is your US patent agent or attorney? How effective is your US patent agent or attorney?

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Law IP Patent Application Patent 52

Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. Let’s get started!

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device.

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Patent Application Patent Art Design Patent 52

Patent Trademark Blog

MARCH 29, 2022

How many patent Office Actions are possible? No, there are no limits to how many patent Office Actions (OA) an Examiner can issue. Sadly, multiple Office Actions are quite common in utility patent applications. At what point would it make sense to abandon your patent application?

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Patent Application Patent Art Blogging 52

JD Supra Law

AUGUST 11, 2023

Patent and Trademark Office (USPTO) extended its Climate Change Mitigation Pilot Program (CCMPP) in June 2023, encouraging inventors to play a more significant role in mitigating climate change. The CCMPP creates an opportunity for expedited examination of patent applications directed to technologies that mitigate climate.

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Patent Trademark Blog

APRIL 19, 2023

But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Want to file a nonobvious patent? Nevertheless, this is the reality that every utility patent applicant must face.

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Patent Trademark Blog

JANUARY 18, 2023

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

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Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

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JD Supra Law

JANUARY 12, 2022

The United States Patent and Trademark Office (“USPTO”) announced a new pilot program, called the Deferred Subject Matter Eligibility Response Pilot Program (“Pilot Program”), that will allow certain patent applicants to defer responding to subject matter eligibility rejections.

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Patent Application Patent Trademark 56

Patent Trademark Blog

APRIL 4, 2022

What is a smarter way to respond to multiple Office Actions? If you haven’t figured it out already, you’ll soon learn that your utility nonprovisional patent will encounter rejection s. Multiple Office Actions are common in utility patent applications. Let me explain. Let me explain.

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TraskBritt Intellectual Property

JUNE 10, 2021

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. Patentability Search.

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Patent Application Patent Invention Patent Prosecution 52

Patent Trademark Blog

APRIL 14, 2022

A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

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Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections.

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Patent Trademark Blog

FEBRUARY 9, 2023

Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. Do-It-Yourself (DIY) a wise option?

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Patently-O

APRIL 28, 2023

b) imposes crucial responsibilities on patent applicants, attorneys, and agents. Vidal about the potential impact of the US’s economic war with China on the USPTO, particularly regarding actions taken against attorneys representing Chinese companies. Signature and certificate for correspondence filed in the Office. (a)

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Patent Trademark Blog

APRIL 1, 2022

Known as a child application , a continuation must be filed while the parent application is still pending. A pending patent application is one that has not been abandoned or granted. For example, you may be waiting for a first Office Action which can take a couple of years. Timing is critical here.

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IP Spotlight

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report , which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. months to first action, and an average total pendency of 24.0

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Patent Trademark Blog

OCTOBER 20, 2021

What is the average wait time for an examiner to begin review your utility patent application? Experienced utility patent filers know something that might be a shock to first time applicants. The utility patent wait time for a first review of your application can be unbearably long.

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Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. The defense of inequitable conduct was realized by the legislature in the US statute of patents, namely The Patent Act of 1790.

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IP Spotlight

DECEMBER 31, 2020

The USPTO recently released its FY2020 Performance and Accountability Report , with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. The average time from filing to first action was 14.7 months; and. months; and.

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Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

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Patent Application Patent Art Designs 52

Patently-O

JULY 22, 2022

.” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period. After the fifth month but prior to the six?month

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Patent Prosecution Patent Invention Patent Application 78

IP Watchdog

OCTOBER 23, 2022

Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. § Supreme Court case law.

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Copying Patent Application Patent Trademark 45

LexBlog IP

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

Patent Prosecution 52

Patent Prosecution Patent Application Patent Copying 52

Patent Trademark Blog

JULY 21, 2021

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. If you have received a Notice of Allowance or Office Action identifying certain allowable claims, then congratulations.

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Patent Application Patent Blogging Designs 56

JD Supra Law

SEPTEMBER 9, 2022

UNITED STATES PATENT AND TRADEMARK OFFICE - Before Moore, Prost, and Hughes. By: Knobbe Martens

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Patent Trademark Blog

AUGUST 11, 2021

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. How should you amend patent claims? The post What are claim amendments?

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Patent Application Art Patent Prosecution Patent 66

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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