Welcome

This site is hosted by a Houston patent lawyer dedicated to serving the needs of small business and entrepreneurs in the protection of intellectual property, including copyright and intellectual property on the internet. My practice includes patent applications & trademark applications filing and prosecution.  Provisional patent applications are filed, as well as design patent applications.We offer services focused toward achieving the full…

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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…

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APPLICATION APPROVAL RATES

There are many changes taking place within the US Patent and Trademark Office or impacting the performance of the Patent Office and thereby confirming patent reform is still alive in Congress. The legion of new examiners has been empowered to reject claims on the basis that the invention is obvious or would be common sense…

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INNOVATION AND RECESSION

While we debate/worry whether we are sliding into a recession, it may also be an opportune time to think of our possible alternative opportunities to make income or build assets. The Internet has given us a powerful tool. With time, you can become an expert in the market for a particular product or process. Simply…

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OVERCOMING AN OBVIOUSNESS REJECTION

I have already written on this topic. For example, see Obviousness Rejections Post KSR The USPTO has recently issued Examination Guidelines for Determining Obviousness for use by its examiners. Analysis for obviousness involves (i) determining the scope and content of the prior art, (ii) ascertaining the differences between the claimed invention and the prior art;…

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NEW CONTINUATION RULES ANNOUNCED

The new rules were scheduled to take effect November 1, 2007. However there has been litigation challenging the authority of the US Patent Office to implement these substantive rules. A judge has agreed and a temporary injunction has been granted. In summary, the rules permit 2 continuation applications (including CIP) and one Request for Continuation…

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