RESTRICTION PRACTICE

This Article was updated October 21, 2013. See Blog Restriction Practice II. The basic rule is that each patent can claim only one distinct and independent invention. This is subject to the rules pertaining to restriction practice and the filing of divisional applications. A related rule is that two patents can’t claim the same invention….

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PRE BRIEF APPEAL CONFERENCE

Every practitioner has encountered a recalcitrant examiner or an examiner that exhibits an unexplained animus to the invention.  Parallel with this observation is the thought the “if I could just get this file in front of someone else, i.e., someone rational, the claims would be allowed.” The Patent Office provides an imperfect remedy.  In a…

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DISCOUNTED PATENT FEES, SMALL ENTITIES AND MIRCO-ENTITIES

The America Invents Act of 2011 is best known for establishing “the First Inventor to File” system.  However it also created or defined “Micro-Entities”.  Micro-Entities are entitled to a 75 percent discount on filing fees.  Unfortunately the definition of a Micro-Entity is convoluted. First, a Micro-Entity is a small entity, i.e., it has fewer than…

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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…

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

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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…

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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’…

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REPRESENTATIVE PATENTS

6,597,177      Through Casing Resistivity Measurement In Permanently Installed Downhole Production Environment.   A tool installed within a well casing that can saturate a portion of the casing with magnetic flux and send an oscillating magnetic flux that can be used for resistivity measurement of the adjacent geologic formation.  6,630,831      Measurement of Electrical Properties Through Non Magnetically…

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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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