PATENT ARTICLES

Patent Filing Receipt

When a patent application is filed electronically, an initial electronic filing receipt is issued immediately by the United States Patent and Trademark Office assigning a serial number and acting as proof that an application was filed electronically.  After the Patent…

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Provisional-Application

Provisional Patent Application

What is Provisional Patent Application? A provisional patent application is unique among patent applications because it is not ever formally examined by a patent examiner.  The provisional application is reviewed to confirm it includes all of the parts needed for…

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Am I a Micro Entity for Patent Fees?

Prosecuting and maintaining a patent can get expensive on government fees alone.  Luckily, some applicants can qualify for discounts on patent prosecution expenses. Prior to the America Invents Act (AIA), the largest reduction of fees an applicant can have is…

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Am I a Small Entity for Patent Fees?

Prosecuting and maintaining a patent can get expensive on government fees alone.  Luckily, some applicants can qualify for discounts on patent prosecution expenses. Prior to the America Invents Act (AIA), the largest reduction of fees an applicant can have is…

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The Devil is in the Details

While the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International redefined what is eligible subject matter for patents, it was not very explicit about how to spot such subject matter in the wild.  Early applications of the…

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Foreign Patent Applications: Patent Application Types and Strategies – Part 13

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…

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Other Non-Provisional Patent Applications: Patent Application Types and Strategies – Part 5

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…

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Reexamination Applications: Patent Application Types and Strategies – Part 10

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…

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Reissue Applications: Patent Application Types and Strategies – Part 11

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…

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Request for Continued Examination (RCE): Patent Application Types and Strategies – Part 9

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…

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