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 …
By Gene Quinn
6 days ago 17

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 …
By Yojit Bhugra
2 months ago 2

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 …
By Yvonne Morris
3 months ago 17

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 …
By Hemant Kumar
7 months ago 3

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 …
By Gene Quinn
8 months ago 10

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 …
By Brian Downing
11 months ago 46

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 …
By Cole Holman
1 year ago 2

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 …
By William Honaker
1 year ago 0

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 …
By William Honaker
1 year ago 6

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 …
By Trenton Morton
1 year ago 17

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 …
By Gene Quinn
1 year ago 18

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 …
By Gene Quinn
1 year ago 16

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 …
By Gene Quinn
2 years ago 3

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 …
By Gene Quinn
2 years ago 6

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 …
By Gene Quinn
2 years ago 3