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...]
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 continuation-in-part patent (CIP) application?
A continuation-in-part patent application is a type of application that incorporates the subject matter of the parent application and additionally includes new subject matter. The inventor can now submit new claims directed to the new subject matter while still being able to claim the benefit of an earlier filing date for any subject matter (i.e., information) that was … [Read more...]
What is a divisional patent application?
A divisional patent application is a type of application that is filed after an original nonprovisional patent application (also known as a parent application) has been filed. The divisional patent application is filed to pursue patent protection for features of the invention that was included in the original application but not yet claimed. The divisional application is a … [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...]
Office Actions: Rejections versus Objections
A rejection means that the examiner will not allow the claimed invention based on its merit. The examiner is rejecting the claims as being ineligible for patent protection, not novel or not new, obvious, or indefinite. An objection means that the technicalities or formalities of the patent application are incorrect. They need to be fixed before the patent application can … [Read more...]
What is a final office action v. the non-final office action?
A final office action means the examiner has rejected the patent application and does not need to consider any further claim amendments and arguments. The examination has ended and the patent application will be abandoned. Please note that a final office action is never final. The examination can always be continued by filing a request for continued examination (RCE), a … [Read more...]