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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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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PROVISIONAL PATENT APPLICATIONS

Introduction Provisional patent applications can be of great benefit in protecting innovation. They must be used, however, with a full understanding of the limited protection provided. Discussion A provisional application is a patent application. It is a type of a utility patent application. It may be thought of as a temporary application good for only…

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MICRO-ENTITY DISCOUNTED FEES

Introduction The America Invents Act of 2012 is best known for establishing “the First Inventor to File” system.  However it also created or defined “Micro-Entities”.  Patent filing fees for micro-entities are discounted.  The discount is  75 percent of the fees paid by non small entities, i.e., entities have more than 500 employees.  Unfortunately the definition…

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Expediting Patent Examination

Introduction I typically estimate that the patent examination requires 2 or 3 years from filing to allowance of a patent.  However the duration of patent prosecution is often longer for applications pertaining to business methods, e-commerce and document processing. There are procedures to expedite or accelerate patent examination. The USPTO provides two options intended to expedite…

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AMERICA INVENTS ACT PART II

One of the new provisions of the America Invents Act is the new category of applicants termed “micro-entities”.  The principal advantage of meeting the classification of a micro entity is that the USPTO fees are discounted 75%.  The operation of the micro-entities provision is effective immediately (unlike many of the provisions of America Invents Act…

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