Posts Tagged: patent prosecution


Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …
2 months ago 1

Time to Disposition: Some Art Units Really Are Slower

“Time is money” rings especially true for those pursuing patents at the USPTO. Anyone who has previously dealt with this organization can attest to the fact that …
2 months ago 2

Want to Increase Your Chance of Allowance by 19 Percentage Points? That’ll be $4,000

Perhaps the most shocking difference between Track One applications and standard applications is allowance rate. Standard applications have an allowance rate of 70%; however, Track One applications are …
3 months ago 14

Deliberate Success: Developing a Winning Patent Prosecution Strategy

The availability of information to gain insights based on what is happening to others who are similarly situated means decision makers can leverage the experiences of many …
3 months ago 0

An Ex-insider’s Perspective of the USPTO Special Applications Warning System (SAWS)

This was the SAWS program; an oversight procedure for bringing information to the attention of management. It was designed, by intention, to cast a broad and sweeping …
9 months ago 20

How to Protect Your Patent from Post Grant Proceedings

Patent owners must modify their strategies during prosecution to make their patents and portfolios less susceptible to post grant challenges. This strategy must take into account the …
12 months ago 15

Is that Next RCE Really Going to Work?

Knowing when to give up on a patent application is one of the most critical questions facing for any patent applicant… When faced with the decision regarding …
1 year ago 5

Sideways and Backwards: A Broken Patent Process

When reading patents it is not at all unusual for a patent to be issued a number of years after the original patent application was filed, but …
1 year ago 31

Strategic Uses of New USPTO Initiatives and Procedures: How to Improve Prosecution Expediency

As is evident from Figure 2, a significant problem affecting USPTO performance has been identified as the Request for Continued Examination (RCE) Backlog, which grow dramatically from 2009 into 2013. …
1 year ago 0

An Overview of the U.S. Patent Process

The first time you will substantively hear from the examiner is when the examiner issues what is referred to as a First Office Action on the Merits (…
1 year ago 2

A Myriad of Tips on Biotech Patent Prosecution

On the method claims, the test, derived from Prometheus, is whether the claims add enough to a natural principle/law of nature/ natural phenomenon to make them …
2 years ago 1

Examiner Statistics: Insight into Prosecution Strategies

There is no way to know for sure whether the applicant could have achieved an allowance had they hung in, but it would have been helpful to …
2 years ago 2