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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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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PATENT APPLICATION FLOW CHART

  Introduction The following is a simplified description on one possible chain of events that occur in the patenting process.  This is a hypothetical patent application flow chart.  See my article on “Behind the First to File Rules“.  Also review my article regarding “Patent Application Elements“. Pre-Filing Outline Document invention in writing, signed and dated…

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103 Obviousness Rejections II

Introduction I am following up on my recent post Section 103 Obviousness Rejections pertaining to the 2018 USPTO Guidelines issued to USPTO examiner.  Recall that in 2007, the US Supreme Court broadened the basis for an examiner to reject a claim of a patent application on the assertion that the development subject of the claim was obvious…

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