An obviousness rejection is a determination by a patent examiner that a claimed invention is not patentable because it would have been obvious to combine two or more prior art references together. See Manual of Patent Examining Procedure (MPEP) § 2141. The Low Bar for Obviousness Rejections Rejections based on obviousness is a very low bar for the patent examiner to make. … [Read more...]
Patent application process
The patent application process includes three main time frames: 1) before filing patent application, 2) after filing a patent application and 3) after patent grant. Browse related articles below.
Understanding Anticipation in Patent Law
Patent attorneys are notorious for using archaic and overly technical language. While efforts are underway to modernize patent jargon, some of the old terminology remains entrenched, and certain attorneys still insist on using it. This can make understanding patent law unnecessarily complicated for inventors and business owners. One such term is "anticipation." What Does … [Read more...]
How to Expedite Your Nonprovisional Patent Application After Filing
Inventors and startups have a hard time deciding whether to expedite the examination of their nonprovisional patent application (NPA) when filing it. Unfortunately, the option to expedite examination under a Track One prioritized request must be exercised at the time of filing. Once the NPA is submitted, you cannot retroactively request Track One processing. However, all is not … [Read more...]
Can a Pending Design Patent Application Be Infringed?
The short answer is no—a design patent application cannot be infringed. Only a granted design patent can be infringed. However, be aware that a design patent application remains secret until it does grant as a patent which is unlike a nonprovisional application. Because of this, if you do find out that you are infringing on someone else's patent, you won't have much time to … [Read more...]
Patent Drafting Tip: Use Noncommittal Language in the Specification
Describing an invention as “may be” having a particular feature is an effective strategy for maintaining the breadth of a claim. By being noncommittal, courts are less likely to interpret specific features as mandatory requirements in the claims. Patent claims can be narrowed based on statements made in the specification and prosecution history. In Cadence Pharmaceutical v. … [Read more...]
Who’s the Applicant when filing a patent application?
An applicant, for the purposes of filing a patent application, is the individual or entity that owns the invention and is seeking patent protection for the invention. While this may sound straightforward, determining the right ownership structure for your specific situation often requires careful analysis. 1. Who Can Be an Applicant? The applicant for a patent is … [Read more...]
Correcting Errors in a Patent: Certificate of Correction Versus Reissue Application
Errors in an issued patent undermine its enforceability, create ambiguity, or even affect its validity. Patent rules provide mechanisms to correct these errors. The two primary options are the Certificate of Correction and the Reissue Application. Each serves a distinct purpose and is suited to specific types of errors. When to Use a Certificate of Correction? A Certificate … [Read more...]
What is a Preliminary Amendment?
A preliminary amendment is an amendment made to a patent application before the first office action on the merits—specifically, before substantive examination begins (e.g., novelty and nonobviousness). These amendments typically changes the scope of the claims, fix typographical errors in the specification, or update the drawings before the examiner formally reviews them. The … [Read more...]