Archive for October 2013

Much like a continuation patent application, a divisional patent application is a patent application that includes the same disclosure as the parent application and claims priority to the parent application.  The difference between the applications is that a divisional application includes claims from the parent application that a patent examiner indicated were different enough from…

Contrary to some rumors and what many would like, there is not an “International Patent” that gives worldwide protection.  If someone is promising you an International Patent, make sure to ask better questions to see what they’re really selling.  In fact, there are not even patents that cover multiple countries.  Each country has its own…

For each of design patent applications and utility patent applications, there are three types of applications and one procedure that should be discussed; namely, Continuation, Divisional, Continuation-in-part, and Request for Continued Examination (“RCE”).  Each of these may be filed when and claim priority to any currently pending patent application (a “parent application”).  The resulting “child”…

If anyone, including the patent owner, believes that there is a question as to whether a patent is still valid due to some newly discovered old patent or other publication (“prior art reference”), they can request that the patent be reexamined.  If the Patent Office agrees that there is a significant new question as to…

Regardless of whether any new prior art references exist, a patent owner may request that the patent owner’s patent be reissued with different claims.  If the patent owner makes this request within two (2) years of the patent’s first issue date, the patent owner may even broaden the claims to cover things not covered by…

A request for continued examination (often called an RCE) is a procedure used to request additional prosecution time with the examiner.  After claims in an application have reached “final” rejection, a request for continued examination may be filed, instead of filing a continuation application, to continue prosecuting the claims without the restrictions of “final” rejection. …

This series includes a discussion of the most common types of patent applications used in the United States Patent and Trademark Office. This first entry is simply a summary of the different application types. Later entries for this series will include a discussion of each type, its general purpose and strategies for its use. Provisional…

The most basic type of patent application is a “provisional patent application.”  For both start-up companies and large companies with highly developed patent portfolios, there are many benefits that can be achieved from filing provisional patent applications.  But there are also risks that can be minimized if you are aware of them. Provisional Patent Application…

Utility Patent Application Benefit:   Can give you a solid “Patent Pending” status that will be formally examined by the Patent Office and hopefully result in an enforceable patent.  Utility patents can protect the structure, function, method of manufacture, method of use, and method of operation of your invention.  They can even be used to protect…

Design Patent Application Benefits:   Can give you “Patent Pending” status quickly and even “Issued Patent” status with less cost than a utility patent application and can protect the look of the product. Design Patent Application Risk:   Because a design patent only protects the look of the product and not its function, a design patent generally…