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
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Claiming an Invention, not a Product
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
USPTO under Biden?
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?
Wikipedia
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
Checking 37 CFR 1.97(e)(1) Certifications
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
Foreign IDS Certification
Information Disclosure Statements (IDSes) filed under 37 CFR 1.97 (c) or (d) can include a certification statement. One of these statements is “that each item… Read More »Foreign IDS Certification
The “Pen Cup” Game
Earlier this week, I discussed a claim interpretation tactic of drawing a box around a group of devices to characterize the group as a single… Read More »The “Pen Cup” Game
Foreign OAs in IDSes
To the best of my knowledge, the duty to disclose information to the USPTO in the form of Information Disclosure Statements (IDSes) is unique in… Read More »Foreign OAs in IDSes
“Conditions Precedent” Precedent
In Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016), the Patent Trial and Appeal Board (PTAB) considered elements like “triggering an alarm state… Read More »“Conditions Precedent” Precedent
Reverse Economic Arguments Against Obviousness
Sometimes, non-US applicants will argue, “even assuming the Examiner’s proposed combination of prior art appears obvious, the proposed combination actually would not have been obvious. … Read More »Reverse Economic Arguments Against Obviousness
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