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Posts Tagged: "non-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 and patent applications that do not explain what the innovation really is, and why it is an improvement.What does this changing landscape mean for patent application drafting best practices? What tips and tricks should be employed in order to provide a specification that has maximal opportunity for success during examination? How can you effectively and persuasively frame arguments in responses?

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 ignorant is impossible to tell. But what Citron says can without question be characterized as absolutely incorrect… Citron says that the non-final rejection was made known to PolarityTE on March 31, 2017, which they find to be conclusive proof of fraud because PolarityTE closed a transaction with shareholders on April 7, 2017. The problem, however, is the non-final rejection was mailed by the USPTO and sent to the law firm representing PolarityTE on April 7, 2017… Citron also claims that PolarityTE has engaged in fraud because they received a final rejection from the patent examiner and did not notify shareholders. Again, only those who are completely unfamiliar with patent practice and procedure could possibly make such an erroneous claim. A final rejection is anything but final in the everyday meaning of the word.

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 addition of random features for the sake of obtaining a patent is not usually wise. I’ve seen terribly broad disclosures filed for an inventor with one extraordinarily specific embodiment. Right away I can tell what is happening. The patent attorney (or patent agent) is drafting the disclosure so that at least one claim, no matter how narrow, can be obtained. Unfortunately, it does not typically make sense to layer on specifics unless those specifics contribute to marketability, and in most cases layer after layer of detailed specifics only makes the claim narrow and less valuable. So if you are going to try and get around prior art to obtain a patent make sure the specifics added will provide an advantage.

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 applications that closely relate to your invention, whether that means in terms of structure or concept. I hear all the time that inventors do searches and cannot find anything relevant, which is unbelievable. If you do a search and find nothing then you are doing something wrong. See No Prior Art for my Invention. Do whatever you have to, and in a pinch to find something quick that is at least somewhat relevant Google Patent Search will do. Then visit Public PAIR and see what you can find out about the prior art found and used by the patent examiner against that patent or patent application.