Notice to Competitor of Application

Introduction: Unless you expressly opt out, your non-provisional application will be published 18 months after the application filing date. Note if your non-provisional application claims priority to a prior provisional application, the 18 months are calculated from the filing date of the provisional application.  Thus, your application can be published as soon as 6 months after filing….

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WHAT NOT TO DO BEFORE YOU FILE

Introduction In many circumstances, once the innovative horse has galloped out (or been lured out) of the barn, it is impossible to lead it back. Note also, that even your own offer to let the horse out of the barn or offer to sell the horse, sight unseen, to a potential buyer, can jeopardize patent…

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PRIORITIZED EXAMINATION

Introduction The USPTO is sensitive to the time delays experienced in the prosecution of patent applications.  Prosecution of a utility application can exceed two to three years.  The Patent Office has tried various methods to accelerate the process.  For example, certain medical applications, environmental applications, and elderly inventors can receive priority.  The Patent Office now…

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ACCELERATED EXAMINATION

The procedures for filing an application under the Accelerated Examination program are discussed elsewhere in this blog.  The result of this program can be impressive.  The work load in preparing an application for Accelerated Examination, however, can be burdensome. To give a more complete picture, I filed an application (including support documents) under the Accelerated…

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