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...]
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.
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...]
What is a filing receipt for a patent application?
A filing receipt is a document from the Patent Office which lists basic and critical information about your patent application. Basic information includes, for example, the filing date and the serial number of your patent application. Critical information (highlighted in green below) includes information related to, for example, any claim of priority and foreign filing … [Read more...]
How to get around a patent?
To get around a patent, you need to focus on the claims of the patent. They define what is and isn’t protected by the patent. You also need to find all of the related patents. You may have only found one patent within a portfolio of patents. You need to avoid all of the independent claims in all of the related patents. Otherwise, you’re still liable for patent … [Read more...]
How to prevent your manufacturer from stealing your idea?
As an inventor, your greatest fear is that your idea would be copied and stolen. The worst part is that those closest to you such as your manufacturer could do that to you. On top of that, they could use your own molds that you paid for to make and sell your products to others. You need to make sure that this doesn’t happen to you. You can use the tips below to protect … [Read more...]
Should you file your patent application ASAP?
You should file your patent application as soon as possible if there is a valid business justification. However, in most circumstances, I recommend doing your due diligence first to find out if filing a patent application or seeking a patent is in your best interest. You can read more about how to do your due diligence in my other article: When should you file a patent … [Read more...]
What is the one-year grace period?
The one-year grace period refers to the one-year time period after you start marketing your invention to others but can still apply for a patent. The start of your marketing effort occurs when you first offer your product for sale, distribute a printed publication, or demonstrate how your product works in public. After the start of your marketing efforts, you have only one … [Read more...]
When is it too late to file your patent application?
You cannot file a patent application if you wait more than one year after your first offer for sale, printed publication, and public demonstration (i.e., marketing efforts). You must file the patent application before the one-year grace period has expired. Also, many foreign countries require absolute novelty. This means that they don't give you one year to market your … [Read more...]