What does a successful patent Office Action response look like?
What makes for a successful patent Office Action response? When it comes to responding to patent rejections, you have essentially two weapons. First, you can amend the claims. Second, you can argue...
View ArticleWhat is a new use patent or intended use claim language?
Can you patent a new use of an old product? Yes, it is possible to patent a new use of an old product. That’s the short answer. The long answer is more complicated. While it’s technically possible to...
View ArticleIs an expired patent still relevant?
Can an expired patent still be prior art against a pending application? Yes, an expired patent is still prior art. Prior art has nothing to do with whether a prior patent is live or dead. The...
View ArticleWhat is an Information Disclosure Statement or IDS?
What is an Information Disclosure Statement (IDS)? A patent applicant has a duty to disclose to the USPTO all known prior art or other information that may be material to the patentability of the...
View ArticleNovel Invention: How to Respond to a Section 102 Novelty Patent Rejection
What is a novel invention? Patent novelty refers to the uniqueness of an invention. To be patentable, an invention must be both novel and nonobvious. An invention is novel if it cannot be found in a...
View ArticleWhat is prior art?
Drawing the line between old and new The term “prior art” is frequently used in the patent world to refer to what already exists. It’s the old stuff that can’t be patented again. Prior art may consist...
View ArticleWhat is a priority date?
What is a patent priority date? Priority date refers to the earliest filing date in a family of patent applications. Where only a single patent application is involved, the priority date would...
View ArticleHow does the USPTO get prior art?
How do USPTO patent examiners get prior art? When examining patent applications, USPTO examiners get relevant prior art through two primary means: the patent examiner searches the prior art;...
View ArticlePatent publication = published patent application
What is a patent publication? A patent publication is a published utility patent application which is not the same thing as a patent. While a published patent application may eventually issue into a...
View ArticleHow to analyze prior art in Office Action
Prior art cited in patent Office Action When prior art is cited in an Office Action to reject your claims, the typical reaction of applicants is a generalization of how their invention is different....
View ArticleCan others file the same patent in a different country?
Same patent by others in different country? If an earlier applicant obtains a patent first in their own country, can others subsequently patent the same invention in a different country? The simple...
View ArticleWhat is a PCT patent search of prior art?
Will you get a prior art search in your PCT patent application? Yes, a prior art patent search is typically made in each PCT application. The results of this PCT international search are summarized in...
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