Stolen Invention! UPDATE

  Introduction: I very recently published a post entitled Stolen Invention!  The post discusses the USPTO Derivation Proceedings.  Derivation Proceedings are the mechanism for invention ownership dispute resolution between conflicting parties are resolved.  My post urged two things: First, I recommended patience if you are unfortunate and have to initiate such an action and second,…

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Overcoming Obviousness Rejections

Introduction This article addresses overcoming obviousness rejections.  This is sometimes referenced as a Section 103 rejection.  Rejections under 35 U.S.C. 103 are the most common basis for an examiner refusing to allow issuance of a patent.  Section 103 states that an improvement or modification that would be obvious to a hypothetical person of ordinary skill…

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Sample Patent Flow Chart

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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Post Patent Grant Challenge

INTRODUCTION: After you have achieved the award of a patent, you may still be subject to challenge from competitors.  You may face a post patent grant challenge.  Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review.  The procedure gives third parties up to 9 months after the grant of…

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What NOT To Do Before You File

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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Priority Review: Move to Front of Line

INTRODUCTION: The wait time between filing you patent application and the first office action can be frustratingly long.  Priority Review Track One. See my earlier article for Expedited Examination.  The duration depends upon the Group Art Unit (GAU) to which your application has been assigned.  You may have limited ability to influence the GAU to which your application is…

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Design Choice and Obviousness

INTRODUCTION: Many of my recent articles have focused upon the whether an innovation is eligible for patent protection.  This has been described as a Section 101 issue.  Many innovations have been barred from patenting as being merely abstract ideas.  This is a confused area.  However, even if an innovation is deemed patentable subject matter, it still needs to be…

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Appealing an Obviousness Rejection

INTRODUCTION: This article looks at appealing an obviousness rejection. It should not be a surprise that there are obstinate patent examiners.  For whatever reason, they can be determined to not allow your patent application.  Frequently, this situation can be experienced when an examiner rejects your application based on alleged obviousness (a 103 rejection).   An assertion of obviousness…

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Design Patents: $1 Billion Stepchild

INTRODUCTION: Everyone remembers Apple being awarded $1 billion in damages against Samsung for copying the design of Apple’s iPhone.  The award was the product of Apple obtaining a patent on a smart phone design, particularly the curved corners of the smart phone frame.  Samsung’s copying of a curved frame probably seemed a trivial detail to some.  However Apple…

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