Office Actions sometimes include both a nonstatutory, obviousness-type double patenting rejection and an art rejection, such as an anticipation or obviousness rejection. Applicants typically focus… Read More »MPEP Double Patenting Update
Sometimes, a patent application presents newer claims that are similar to previous claims with a common inventor, common applicant, or common assignee or owner. If… Read More »Double Patenting Basics
It is time to prepare for the end of 2020. Even if a company’s fiscal year does not conclude with the calendar year, a company… Read More »End of Year Planning
US patent attorneys sometimes suggest removing description of the related art or even the advantage from a patent application. I understand the idea, but I… Read More »Claiming an Invention, not a Product
As the last few states count their ballots, it appears Joe Biden will be elected President of the US. A little under four years ago,… Read More »USPTO under Biden?
Claims are sometimes drafted or amended to include negative limitations, such as “irrespective of a position at which a touch is detected.” The MPEP makes… Read More »Another Negative Limitation
Elsewhere, I recently mentioned the USPTO does not permit reliance on Wikipedia, even for background information. I then learned the European Patent Office permits use… Read More »Wikipedia
I remember some treatise (Chisum?) making the point that an Examiner can find almost any combination of elements at a low-level of granularity. Thus, in… Read More »Design Choice
American law schools generally teach students to organize their paragraphs according to IRAC: issue, rule, analysis, conclusion. (This structure is sometimes modified to CIRAC, in… Read More »IRAC
Now that we covered how to make the Information Disclosure Statement (IDS) certification under 37 CFR 1.97(e), we can discuss how to check a certification. … Read More »Checking 37 CFR 1.97(e)(1) Certifications