enablement, First office action, First to Invent, Foreign patent protection, Funding, internet, novelty, obviousness, patent, Patent Application, Patent claims, patent search, Patent, Patent Application, Invention, prior sale, Protecting IP, provisional application, Request for Continued Examination, Restrictions, Utility Patent

Sample Patent Flow Chart

Posted by dmcewing on September 22, 2020 | Leave a comment

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…

Abstract Idea, disclosure of invention, enablement, medical device, medical diagnostic, natural law, patent, Patent claims, Patentable software, Patenting Diagnostic Procedure, Patenting Medical Test, Section 101, software

“Groundbreaking” But Not Patentable?

Posted by dmcewing on July 27, 2020 | Leave a comment

INTRODUCTION: It is clear abstract ideas are not patentable. However the topic is much more complex. I have written a number of articles regarding the fog shrouded abyss related to patenting computer business methods and medical diagnostic procedures. The Supreme Court and the Court of Appeals for the Federal Circuit (commonly known as the “Federal Circuit”) continue to…

copy, Design Patent, infringement, Knock Off, patent, Patent infringement

Design Patent Infringement – Dissenting Opinion

Posted by dmcewing on July 22, 2020 | Leave a comment

INTRODUCTION: I recently discussed the usefulness of pursuing design patents. The Federal Circuit just ruled on a case of design patent infringement. Lanard Toys Ltd., v. Dolgen Corp LLC, 19-1781 (Fed. Cir. 2020). An image copy of the object subject of the design patent is compared below to the claimed infringing product. Note that the Federal Circuit decision makes…

Design Patent, patent, patent term, trademark

DESIGN PATENTS (Update)

Posted by dmcewing on July 18, 2020 | Leave a comment

In addition to utility applications and provisional applications, the USPTO also grants patents for ornamental (non-functional) designs. The term of the design patent is 15 years from the date of issuance. Contrast this to the utility patent term of 20 years from the application filing date. Also unlike utility patent, the owner of the design…

Abstract Idea, incubator, medical diagnostic, monopoly, natural law, obviousness, patent, Patent Application, Patent claims, Patenting Diagnostic Procedure, Protecting IP, provisional application, trade secrets

Patentability Swamp

Posted by dmcewing on October 22, 2019 | Leave a comment

Introduction I have recently posted a blog of mechanical device patents becoming ensnared in the patentability swamp. The swamp is the ineligibility of patenting “natural laws”, “natural phenomena” and “abstract ideas”. This has followed the adverse rulings for patenting medical procedures and business methods. There has been another shift in the ground underlying this swamp. Further guidance was issued from the USPTO…

Abstract Idea, medical diagnostic, medical diagnostic, natural law

Patenting Medical Devices and Procedures

Posted by dmcewing on July 19, 2019 | Leave a comment

Introduction There is a great deal of valuable intellectual property associated with medical technology. However the patent landscape is, in my opinion, unclear and unsettled. Diagnostic procedures that utilize human biologic functions are denied patent protect because the procedures rely on “natural law”. I have tried to outline the problem using the actual wording of disputed patents…

Appeal, Examiner panel, Graham Factors, Non-analogous, obviousness, patent, Patent Application, PTAB, RCE, Rejection, Request for Continued Examination, specification

APPEALING THE EXAMINER REJECTION

Posted by dmcewing on April 7, 2019 | Leave a comment

Introduction I recently published a blog regarding the frustrating but common rejection of a patent application based upon the examiner asserting that the invention is obvious. See Overcoming an Obviousness Rejection. Depending upon the individual circumstances, it may be worthwhile for appealing the examiner rejection. Recall obviousness under 35 U.S.C. section 103 can be a subjective exercise or…

enablement, patent, Patent Application, provisional application

Teach Enablement

Posted by dmcewing on March 29, 2019 | Leave a comment

INTRODUCTION If you have read any of my previous posts, I have habitually urged that any patent application “teach enablement”. This is the sole and critical requirement of any provisional application. Please recall that I recommend filing a DIY provisional application if you elect not to seek guidance of a qualified patent attorney. My simple logic is that…

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ATTORNEY CONFIDENTIALITY- INTERVIEWS

Posted by dmcewing on March 17, 2019 | Leave a comment

Is it necessary to obtain a signed non-disclosure agreement from an attorney prior to disclosing your invention ? The clear answer is no. A non-disclosure agreement is not required. Attorney confidentiality applies. Communication made by the potential client to the attorney in a confidential setting for the purpose of securing legal services (as well as…

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PROVISIONAL PATENT APPLICATIONS

Posted by dmcewing on March 5, 2019 | Leave a comment

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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