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 prosecution
Patent prosecution is the act of communicating with the Patent Office such as by filing an application for patent, responding to office actions, satisfying various patent law requirements for securing a patent. Browse related articles below. 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...]
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...]
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...]
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...]