Posts in Patent Drafting Basics
Can You Refile a Provisional Patent Application?
The question that we receive most frequently from inventors, usually independent inventors, relates to whether a provisional patent application can be refiled with the United States Patent …
Ten Common Patent Claim Drafting Mistakes to Avoid
Drafting a patent application is a complex task that involves dealing with several critical components of the patent application. If one must ask any patent attorney about …
It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes
Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme …
Two Key Steps to Overcome Rejections Received on PCT Drawings
A large number of patent applications are rejected in the initial stage of filing via the Patent Cooperation Treaty (PCT) route. One of the most common reasons …
Drafting Lessons from a 101 Loss in the Eastern District of Texas
On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
From Agent to Examiner and Back Again: Practical Lessons Learned from Inside the USPTO
As a Patent Agent, the work product coming out of the U.S. Patent and Trademark Office (USPTO) seemed random to me. This article shares what I …
Understand Your Utility Patent Application Drawings
While it has been said that the how and why of patent application drawings are usually best left to the professionals, I do think it is important …
Getting a Patent: The Devastating Consequences of Not Naming All Inventors
Naming the correct inventors is critical when drafting a U.S. patent. Patents must have all inventors properly named. Deciding who is an inventor is a complicated …
Getting A Patent: Who Should be Named as An Inventor?
Every time a patent application is filed, we have to ask, “Who are the inventors?” It is a simple question, but the answer can be complicated. And …
Make Your Disclosures Meaningful: A Plea for Clarity in Patent Drafting
Legal writing has long attracted criticism. In Gulliver’s Travels, Jonathan Swift complained of lawyers’ “peculiar cant and jargon of their own, that no other mortal can …
Avoid the Patent Pit of Despair: Drafting Claims Away from TC 3600
I’ve recently hosted two webinars on patent classification, taking a look at how contractors for the U.S. Patent and Trademark Office (USPTO) determine where to …
A Tale of Two Electric Vehicle Charging Stations: Drafting Lessons for the New Eligibility Reality
While perusing the Patent Gazette looking for interesting, recently issued patents to discuss during Intro to Patent Prosecution, I stumbled across U.S. Patent No. 10,668,819, titled Enhanced …
Background Pitfalls When Drafting a Patent Application
Generally speaking, the first section of a patent specification will be the Background. The Manual of Patent Examination and Procedure (MPEP) recommends that the Background be broken …
Eight Tips to Get Your Patent Approved at the EPO
Patent prosecution can sometimes seem to be a rather byzantine process. As with anything, the more you understand, the better prepared you will be for the strategic …
What to Know About Drafting Patent Claims
In order to obtain exclusive rights on an invention, you must file for and obtain a patent. Many inventors will initially opt to file a provisional patent …
