BEHIND THE FIRST TO FILE RULES

Introduction As you are probably aware, the USPTO rules changed March 16, 2013 to make the first inventor to file eligible to obtain a patent. (Prior to this change in law, patents were awarded to the first person to invent, regardless of whether another (later inventor) first filed an application.)  Implementation of this “first to…

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MICRO-ENTITY DISCOUNTED FEES

Introduction The America Invents Act of 2012 is best known for establishing “the First Inventor to File” system.  However it also created or defined “Micro-Entities”.  Patent filing fees for micro-entities are discounted.  The discount is  75 percent of the fees paid by non small entities, i.e., entities have more than 500 employees.  Unfortunately the definition…

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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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CHALLENGING JUNK PATENTS II

Introduction Continuing with the topic of the USPTO issuing patents for items that are not truly patentable “developments”, the America Invents Act (AIA) introduced a significant change allowing third parties to submit information to an examiner challenging the potential issuance of Junk Patents .  See my article Challenging Junk Patents Discussion You may become aware…

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Patenting Medical Diagnostic Procedures

INTRODUCTION There is a string of cases holding patents invalid on the basis that the patent is merely claiming an aspect of natural law.  This involves patents pertaining to medical diagnostics. Such diagnostic patents may involve a dependency upon reactions or results that are a function of natural law (35 U.S.C. Section 101).  For example, claiming that…

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Converting ideas into cash

Introduction Good ideas can have great value.  However transforming an idea into property that can be sold or licensed is problematic.  It will be appreciated that sales and licensing of patents are the common ways to document valuable ideas that can be transform into cash.  How can an idea be converted into a patent?  What is required for a…

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WHAT NOT TO DO BEFORE YOU FILE

Introduction In many circumstances, once the innovative horse has galloped out (or been lured out) of the barn, it is impossible to lead it back. Note also, that even your own offer to let the horse out of the barn or offer to sell the horse, sight unseen, to a potential buyer, can jeopardize patent…

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PATENT APPLICATION

Introduction There are three (3) types of patents. The most common and most valuable is a utility patent. There are also design patents and plant patents. This article discusses utility patents. Utility Applications for Patents A utility patent application contains a large quantity of written text, often supplemented with drawings, that are specific to the…

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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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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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