PRIORITIED EXAMINATION

Sensitive to the time delays experienced in prosecuting patent applications through the USPTO, the Patent Office has tried various methods to accelerate the process.  For example priority is given for certain medical applications, environmental solutions and the advanced age of the inventor.   The USPTO still maintains the program for accelerated examination wherein a definitive…

Read More →

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 entity provision is effective immediately (unlike many of the provisions of America…

Read More →

AMERICA INVENTS ACT

The new law introduces many changes.  A brief summary is:   Third Party Pre-Issuance Submissions Any third party may submit any patent application, patent, or printed publication in regard to a pending application.  The submission must be made before the earlier of notice of allowance or the later of 6 months after the date on…

Read More →

THINGS YOU NEED TO KNOW ABOUT PATENTS

Here are links to additional articles that help explain the patent process What is a Patent? The Patent Application Requirements for a Patentable Invention Patenting Flow Chart What NOT to do Before You File Provisional Patent Application Design Patents Duty to Disclose Information to USPTO International Patents Software Patents in Europe Double Patenting Current ‘Opposition’…

Read More →

FIRST TO FILE PATENT SYSTEM

INTRODUCTION Effective March 16, 2013 the US Patent system undergoes a fundamental shift. The US will go from a “first to invent” system to a “first to file”. This will have significant implications in protecting and exploiting intellectual property. Briefly, the US patent system protected the rights of the first person to make an invention. There were exceptions but…

Read More →

INTER PARTES REEXAMINATION

The statute governing reexamination was amended in 1999 and 2002 to create a right for inter parties reexamination. Basically, the party bringing the request for reexamination is allowed to participate more fully in the reexamination process, including filing of appeals to the Board of Patent Appeals and Interferences (BPAI) and to the Court of Appeals…

Read More →

REEXAMINATION

Pfizer recently received an adverse determination of the patentability of one patent (of several) for Lipitor. The “Patent Baristas”1 reported that Lipitor is set to become the worlds first $10 billion a year drug. The adverse decision was made regarding an issued patent in response to an ex parte reexamination request. Such a request can…

Read More →

DOUBLE PATENTING

As explained in the article entitled Patent Applications, a patent provides a 20 year monopoly granted by the Federal government. Not surprisingly, you can’t extend the monopoly by patenting the invention twice. The idea that an invention only is allowed to be patented once, is related to the idea that a patent can cover only…

Read More →