Posts Tagged: patent prosecution


The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
34 minutes ago 0

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
1 day ago 4

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
4 days ago 35

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
5 days ago 26

Getting a patent is not the end goal for a startup, it’s just the beginning

RUSS KRAJEC: Getting a patent is not the end goal. Using an issued patent is not the end goal. It’s the beginning for the startup. Think …
By Gene Quinn
9 days ago 1

Patent Office announces Post-Prosecution Pilot Program

The Patent Office hopes that by giving the applicant the opportunity to provide an oral presentation to the panel during a conference with the examiners, as well …
By Gene Quinn
14 days ago 1

Improving efficiency of the examination process for patents worldwide

The IP5 is the name given to a forum of the five largest intellectual property offices in the world that was set-up to improve the efficiency of …
By Steven Gong
3 months ago 2

A Better Way to File Patent Applications

The PathWays system is designed to help applicants predict which art units an application is likely to be filed before the application is even filed. A unique …
By Megan McLoughlin
3 months ago 8

Understanding the Patent Process: Rejections vs. Objections

The refusal to grant claims because the subject matter as claimed is considered unpatentable is called a “rejection.” The term “rejected” is used by the patent examiner …
By Gene Quinn
4 months ago 1

More Applicants Should Use the First Action Interview Program

The First Action interview (FAI) program affords applicants a no-fee opportunity to speak with examiners early during prosecution, before the examiner has invested the time to prepare …
By Kate Gaudry & Thomas Franklin
4 months ago 7

What is the point of examination if patents are not presumed valid?

If you get a patent that won’t make anyone any money, including yourself, the government seems perfectly willing to presume that your worthless patent is valid. …
By Gene Quinn
4 months ago 74

Federal Circuit Denies Patent Term Adjustment for Erroneous Restriction Requirement

Pfizer argued that the original restriction requirement, because it was incomplete, created a delay by failing to provide Pfizer with adequate notice of the basis for rejecting …

Patent and IP Wishes from K Street for the New Year

If Gene (the “genie”) were to grant me patent and IP wishes for 2016, I would ask for (in no particular order) the passage of trade secrets legislation, …
By Marla Grossman
7 months ago 7

USPTO Systems Maintenance on December 5th

Due to maintenance required on USPTO systems, access to Public PAIR, Private PAIR, EFS-Web and EFS-Web Contingency will be unavailable beginning 12:01 a.m. and ending at 11:59 p.…
By U.S.P.T.O.
8 months ago 0

Innovation America: Patent Applications and Allowances by State

Looking at raw numbers, California was by far the most inventive state, with over 329,000 non-design patents filed, over 254,000 disposed, and over 180,000 allowed between 2000 and 2010. Texas, New York, …
By Tristan Gray-LeCoz
9 months ago 6