Missing Parts Strategy
Unlike some jurisdictions, the United States does not require patent applicants to formally request examination. Instead, the USTPO simply considers the application in due course.… Read More »Missing Parts Strategy
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Love Letters
Applicants sometimes file letters with continuation (“child”) applications. We briefly touched on this topic in August. Back then, we mentioned the Applicant in Hakim v.… Read More »Love Letters
Splitting the Advisory
We recently uploaded an informal video about prosecution after a final Office Action from the USPTO. The video touches on key issues like cost, timing,… Read More »Splitting the Advisory
Seriously, Bro
Frequently, an Applicant will amend an independent claim based on a feature from a dependent claim. The next Office communication seems to consider more thoroughly… Read More »Seriously, Bro
Disclosing IDSes
One of our more popular blog posts concerns Information Disclosure Statements (IDSes). Meanwhile, a recurring topic at Takumi Legal Community relates to providing relevant information… Read More »Disclosing IDSes
Nodal, Session 3, Follow-Up
Nodal, Session 3, considered the rejection under 35 USC 101 in PTAB Appeal No. 2020-006023. Viewers will know we recommended amending Claim 1 to incorporate… Read More »Nodal, Session 3, Follow-Up
What Counts
USPTO Examiners are evaluated partially on their production. This production is largely determined by the count system. The count system is not discussed in the… Read More »What Counts
On Burden-Shifting
During our US Prosecution Study Group, Session 20, we discussed shifting the burden back to the Examiner. On the other hand, we privately considered problems… Read More »On Burden-Shifting
On Oral Hearings
Recently, some Applicants have been declining oral hearings during ex parte appeals to the Patent Trial and Appeal Board (PTAB). Modal PLLC believes oral hearings… Read More »On Oral Hearings
Mother Popcorn
Over the past few weeks, we considered Case 5 of the Comparative Study on Hypothetical/Real Cases: Novelty (November 2009), based on the specification of continuation-in-part… Read More »Mother Popcorn