The process of securing foreign patent protection through the Patent Cooperation Treaty involves two phases, namely, the International Phase and the National Phase. The International Phase begins when the PCT application is filed. The National Phase begins when the PCT application is filed with a contracting member and must be filed within 30 or 31 months from the earliest … [Read more...]
Meeting PCT Deadlines and Time Limits: A Concise Guide
Knowing the deadlines of the PCT process is critical to being successful and using the PCT to your advantage. Otherwise, you risk abandonment of your application and dedication of your invention to the public. What is the priority deadline? The first deadline is the priority deadline. The PCT application or international application must be filed within 12 months from the … [Read more...]
How to read a patent fast?
To read a patent fast, you can read the patent backward. Start with the claims, skim the front page, review the drawings, and search for the terms used in the claims. Next, start reading the detailed description until you can understand the gist of the patent. By using those steps, you will be speed-reading the patent and understanding the meaning of the claims as fast as … [Read more...]
What types of ideas can be protected by a patent?
All ideas can be protected by a patent except for abstract ideas, laws of nature, and natural phenomena. Nevertheless, many of these ideas, although they can be patented, won't be patented. The invention must be novel and nonobvious on the merits to be patented. The distinction I’m making is between eligibility for patent protection versus patented. You need to understand … [Read more...]
What is the Patent Prosecution Highway or PPH?
The Patent Prosecution Highway expedites the allowance of a patent application. When a claim of a patent application in the United States is allowed, a PPH request can be filed for a patent application filed in a foreign patent office. The PPH request allows the examiner of the foreign patent office to allow the case based on the allowance given by the U.S. examiner. The … [Read more...]
What is an examiner’s amendment?
An examiner's amendment is an office action where the examiner amends the patent application upon authorization of the applicant. Normally, the applicant is responsible for amending the application to overcome any objections and rejections from the examiner. However, in this case, the examiner is amending the application. Why would the examiner make an examiner’s … [Read more...]
What is an Ex parte Quayle Action?
An Ex parte Quayle Action is an action where the claims have been allowed but the patent application is objected to for certain technicalities (i.e., minor formalities). The Ex parte Quayle Action officially closes prosecution and requires the applicant to fix the technicalities. A response must be filed within 2 months of the mail date of the office action and may be filed … [Read more...]
What is a Notice to File Missing Parts?
A Notice to File Missing Parts is an office action identifying part(s) of the patent application that was not initially filed but should have been filed. A complete patent application was not filed. Those parts must now be filed to complete the patent application. Otherwise, examination on the merits of the invention will be delayed. A response including the identified … [Read more...]