Your chances of getting a patent are not based purely on the merits of your invention. Rather, steps can be taken to increase the probability of obtaining a patent. Tip #1: Conduct a patent search and focus on the white space of the search A prior art search is a search of various databases to see if your invention is novel. If nothing is found and your invention is new, you … [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.
What is a claim of priority in a patent?
A claim of priority gives you the right to claim the benefit of an earlier filing date for your patent application. In this manner, your patent application would have the earliest priority date possible. Prior art that predates the filing date of your patent application would not be prior art. What's the benefit of a claim of priority? As stated above, you can eliminate prior … [Read more...]
What does antecedent basis mean?
Antecedent basis refers to the requirement that all words in a claim must be explained in the specification so that the words can be clearly understood. Otherwise, the claim will be rejected or invalidated for being indefinite. For example, if you use the word "valve" in the claim, the detailed description must explain whether that is a liquid valve or a heart valve if it … [Read more...]
What is a notice of allowance and next steps?
A notice of allowance is an office action from the Patent Office which informs the patent applicant that the claims in the patent application can be patented. To obtain the patent, an issue fee needs to be paid. About 4 to 6 weeks after payment of the issue fee, the Patent Office will grant the patent. What should you do after you receive a notice of allowance? Within three … [Read more...]
How to respond to a final office action?
A final office action indicates that a patent application has been rejected twice. The examiner does not need to consider further amendments and arguments. However, there are ways to continue the examination. This article will also cover a basic strategy for responding to a final office action. What is an office action? An office action on the merits is a written … [Read more...]
What is a pre-grant publication?
A pre-grant publication refers to the publication of a nonprovisional utility patent application before it grants as a patent. You can file a request for nonpublication to bypass this rule but you need to intend to forego foreign patent protection. Also, you can file a request for early publication to accrue damages from patent-pending infringement. Also, you can file a … [Read more...]
Patent Pending: What the inventor and competition need to know about each other
Inventors think since their product is patent pending, they can threaten the competition with a lawsuit. "I'm suing you. Stop copying my product." is what they say. The competition believes nothing's at risk. So, who cares?Who's right? Both are partially right and partially wrong. Let's dive in.https://www.youtube.com/watch?v=XPdqawvm-BgRights of the inventor due to patent … [Read more...]
What is an Information Disclosure Statement (IDS) and how to file one?
An Information Disclosure Statement (also known as an IDS) is a document (IDS form PTO/SB/08a) submitted to USPTO identifying the prior art (e.g., patents, publications, non-patent literature) you're aware of. The purpose of the IDS is to satisfy your duty of candor and good faith in dealing with the USPTO. Failure to submit the IDS may breach this duty and invalidate your … [Read more...]