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Posts Tagged: request for continued examination


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 whether to file an RCE or file an Appeal the desire to…

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In Novartis this Federal Circuit panel opinion by Judge Taranto joined by Judges Newman and Dyk ruled that the second exclusion from PTA in the B period portion i e U S C b B ii excludes from PTA…

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Last week the United States Patent and Trademark Office USPTO announced in the Federal Register that it would modified the After Final Consideration Pilot Program AFCP to create the After Final Consideration Pilot Program AFCP The goal of AFCP…

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The problem of the RCE backlog is a function of the prosecution dynamic and lack of meaningful oversight into areas where RCEs are common and patents issue only after going on the appeal track Still in the press release…

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The backlog of unexamined patent applications was down over in September compared with October At the same time however the number of unexamined RCE filings grew after peaking at in August In the column above labeled Totals I added…

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On November a federal district court EDVA issued an order that may have profound consequences for calculations of patent term adjustment PTA The district court believed that the PTA promised by USC b B i which relates to Requests…

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All and all this seems like a positive development If you do provide a claim set that defines the invention from broad to narrow it seems extremely likely that at least some claims could be obtained in a case…

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Director Kappos was extremely gracious with his time speaking to me on the record for nearly minutes He answered every one of my questions without dodging and even spent time to discuss several things I did not raise Truthfully…

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For example does a hair dryer with integrated radio beer bottle opener shaving cream dispenser that floats sound marketable Perhaps as a gag gift maybe but the addition of random features for the sake of obtaining a patent is…

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At lunch Director Kappos explained that the goal for fiscal year which ended on September was to get the backlog down to --- dubbed project The Office was not successful but Kappos says they will get well below for…

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This strategy is tried and true and any company with a serious patent portfolio and an eye toward enforcing that portfolio through licensing or litigation has followed this strategy What you do is look at what your competitors are…

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Hopefully the seemingly modest successes of team Kappos in fiscal will be viewed for what they are which is rather extraordinary by our leaders in Washington DC With all the odds against them having to fight daily for adequate…

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