Is It Patentable? III

Introduction: Is it patentable?  An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103).  I have discussed what is and is not patentable subject matter.  See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas.  I have…

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Is it Patentable?

Introduction: Is it patentable?  This is the ultimate question when considering how to protect your good idea.  The answer depends upon several considerations.  First, is it patentable subject matter?  Also is your idea already known?  If not already known, is it merely an obvious variation or combination of things that are known? The most common…

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Patenting Computer Software

INTRODUCTION When is software patentable?  Can you obtain a computer software patent?  It is generally understood that it is difficult to obtain patent protection for computer software.  This is a subtopic of the question of when it is possible to patent a method of doing business. There are some guidelines.  This includes guidance for determining…

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International Patent Filing Options

  INTRODUCTION: Clients have from time to time inquired about international patents.  However there is no such thing.  Patents are issued and enforced by individual countries.  There is, however, an international patent application.  Such an application is filed through the regulations of the Patent Cooperation Treaty (PCT).  Approximately 150 countries, including the US, are members…

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Stolen Invention! UPDATE

  Introduction: I very recently published a post entitled Stolen Invention!  (Click on “post” to see the linked article)  The post discusses the USPTO Derivation Proceedings.  Derivation Proceedings are the mechanism for invention ownership dispute resolution between conflicting parties are resolved.  My post urged two things: First, I recommended patience if you are unfortunate and…

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Overcoming Obviousness Rejections

Introduction This article addresses overcoming obviousness rejections.  This is sometimes referenced as a Section 103 rejection.  Rejections under 35 U.S.C. 103 are the most common basis for an examiner refusing to allow issuance of a patent.  Section 103 states that an improvement or modification that would be obvious to a hypothetical person of ordinary skill…

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Sample Patent Flow Chart

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…

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Post Patent Grant Challenge

INTRODUCTION: After you have achieved the award of a patent, you may still be subject to challenge from competitors.  You may face a post patent grant challenge.  Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review.  The procedure gives third parties up to 9 months after the grant of…

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What NOT To Do Before You File

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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