Posts Tagged: final rejection


Patent Drafting: Tips for Avoiding and Arguing 112 Rejections

While it remains necessary to draft patent applications carefully, and cautiously, so as to not run afoul of KSR v. Teleflex, courts seem increasingly skeptical of patents …
By Gene Quinn
6 months ago 0

Even If New Matter, Entire Application Relevant to Assessing Compliance with Written Description Requirement

Several weeks ago, in a non-precedential opinion, the Court of Appeals for the Federal Circuit issued a decision in In re: David Tropp, which vacated and remanded …
By Gene Quinn & Steve Brachmann
10 months ago 1

PolarityTE stock tumbles, harassed by activist short seller misrepresenting Public PAIR data

Whether the Citron report is intentionally wrong for the purpose of causing PolarityTE stock to tumble, which it has, or whether it is recklessly wrong, or just …
By Gene Quinn
1 year ago 22

Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief

On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
By Steve Brachmann
1 year ago 6

§ 112 Rejections: Where They Are Found and How Applicants Handle Them

In this article, we will explore both § 112(a) and § 112(b) rejections by taking a look at where they are most common, how applicants respond to them, and …
By James Cosgrove
2 years ago 0

Patent Prosecution 101: Understanding Patent Examiner Rejections

Unlike certain rejections one faces in life, a rejection from a patent examiner is never the end of the story, and definitely not final – even when the …
By Gene Quinn
3 years ago 24

Section 103 Rejections: How Common Are They and How Should You Respond?

There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section …

USPTO Modifies After Final Amendment Pilot Program

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 …
By Gene Quinn
6 years ago 2

New PTO Initiative Gives More Opportunities to Amend After Final

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 …
By Gene Quinn
8 years ago 12

An Overview of the U.S. Patent Process

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 …
By Gene Quinn
8 years ago 3

Patent Searching 102: Using Public PAIR

If you are really serious about doing a high quality patent search on your own I recommend doing whatever you can to find 1 or 2 patents or patent …
By Gene Quinn
9 years ago 1