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...]
After filing a patent application
After filing a patent application, the invention is now patent pending which marks the point at which it is safe to start marketing the invention. The process of patent protecting the invention has now formally started. 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 Start the Examination of Your Patent Application?
To start the examination of your invention and secure a patent, you must file a nonprovisional patent application (NPA). Once submitted, your NPA will be placed in a stack to be reviewed by a patent examiner. Given that there are over 802,955 applications in the queue and about 8,000 examiners working through them, it typically takes around 19.8 months for your application to … [Read more...]
Deadlines for International Design Patent Protection Explained
After filing a U.S. design patent application, you have a six-month window to file international applications and claim priority to your U.S. filing date. This priority claim is governed by the Paris Convention for the Protection of Industrial Property, which facilitates the protection of industrial property, including industrial designs, across its member countries. … [Read more...]
LKQ v. GM: Looser Standard Means More Design Patents Will Be Obvious
In LKQ Corp. v. GM Global Technology Operations LLC, the Federal Circuit Court made it harder to secure design patents for minor updates to product updates. In particular, they enlarged the scope of prior art that can render a design patent obviousness. This decision is pivotal, as it sets a new precedent for a broader pool of prior art for design patents that the examiner can … [Read more...]
How to craft a winning patent response?
Navigating the patent application process can be complex, often requiring several rounds of interaction with patent examiners. On average, each patent application receives 2.3 office actions before reaching a final decision. To ensure your efforts aren’t in vain, crafting effective responses is crucial. Here are four winning strategies to help you navigate and optimize your … [Read more...]
How to broadly protect your invention with a patent?
Are you an inventor who has come up with a unique idea that you want to protect? If so, it's essential to understand how to protect your invention broadly to prevent others from designing around your patent. The patent process can be complex. At any step along the way, you could make a mistake that would cause you to lose or jeopardize your patent protection. However, with the … [Read more...]
What is a double patenting rejection?
A Double Patenting Rejection is a common issue faced by inventors who try to obtain two or more patents for the same or similar invention. Why someone would want more than two patents for the same invention? Isn't that redundant and a waste of money? What is the purpose and problem of obtaining two or more patents on an invention? Obtaining two patents on an invention isn't … [Read more...]