The process for getting a patent has four steps.Step 1: File an application for patent with the United States Patent and Trademark Office (USPTO) Step 2: Examination of patent application Step 3: Respond to any objections or rejections made by the examiner Step 4: Patent grantRead more about each step and what you ought to do before and during each … [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.
Should you file a provisional or nonprovisional patent application?
For many, the decision to file a provisional patent applications is based primarily on cost. You can find them as cheap as a few hundred dollars online. The myth is that a provisional patent application is cheap yet provides the same type of protection as a nonprovisional patent application. Unfortunately, if you believe this, then you will be disappointed later on.In … [Read more...]
Provisional Patent Application: Cheap Alternative?
A provisional utility patent application is one of the most misunderstood tools of the patent system—at least by non-patent practitioners. From the layperson’s perspective, the provisional patent application is usually viewed as a cheap patent application. However, as discussed below, the provisional patent application is not cheap compared to the cost to prepare a … [Read more...]
Plager calls to overturn current patent eligibility analysis
The holding of Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2018) is similar to Electric Power Group, LLC v. Alstom (Fed. Cir. 2016). In these cases, the courts invalidated the patent as being directed to an abstract idea for claiming an end result and not the how to achieving it. In Interval Licensing LLC, the dissent’s opinion is much more interesting.He explains … [Read more...]
Patent application must enable FULL scope of claimed invention
Boston University's patent claim invalidated for failing to enable its full scope In Boston University v. Everlight Electronics (Fed. Cir. 2018), the Federal Circuit invalidated a patent claim for failing to enable the full scope of the claimed invention. In particular, the claim contemplated six (6) combinations based on two factors. The first factor had two options. The … [Read more...]
Components described as important can narrow scope of patent claims
Components, parts and aspects of a device (i.e., invention) which are described as important or necessary to the invention can be used to limit the scope of the patent. When preparing a patent application, the goal is to describe an invention so that the important or necessary parts are highlighted but not necessarily described as important or necessary. In this way, aspects … [Read more...]
Does a restriction requirement disclaim non-elected species?
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
Experimental use of invention jeopardizes validity of patent
By experimental use, I mean testing an invention. Conducting a test in public can jeopardize the resulting patent if a patent application was not filed before public testing started. The patent can be invalidated in at least two ways. First, the patent can be invalidated if an alleged infringer successfully argues that the public testing qualifies as a public use under 35 … [Read more...]