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
Blog – ブログ
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
Announcing Nodal
Long-time readers of the blog know Modal conducts a free, biweekly US Prosecution Study Group. The Study Group follows the US prosecutions of Japan-origin cases… Read More »Announcing Nodal
Only a Few Kernels of Wisdom
Last week, this blog began reviewing Case 5 of the Comparative Study on Hypothetical/Real Cases: Novelty (November 2009), which is based on In re Schreiber,… Read More »Only a Few Kernels of Wisdom
The Popcorn Case
We received a question about Case 5 of the Comparative Study on Hypothetical/Real Cases: Novelty (November 2009). Case 5 is based on In re Schreiber,… Read More »The Popcorn Case
Restriction Petition
USPTO Examiners sometimes issue restriction and election requirements to focus examination on particular figures and/or embodiments. As a result, some of the Applicants’ disclosed subject… Read More »Restriction Petition
On Waiver
In the last post, this blog considered how the Trial and Appeal Department (TAD) of the Japan Patent Office (JPO) seems to conduct a de… Read More »On Waiver
From a New Comparison
Questions about ex parte patent appeals (i.e., appeals of an Examiner’s rejection) to the Patent and Trial Appeal Board (PTAB) of the US Patent and… Read More »From a New Comparison