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Patent Applications United States Patent and Trademark Office

Ten Tips on Preparing and Prosecuting Patent Applications

by Snell & Wilmer on

1. Keep Your Eyes on the Prize. A patent defines a piece of intellectual property. As with a parcel of land, the patent’s owner can legally prevent any trespass (called an infringement) on the patent. Analogous to the...more

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

To Be or Not to Be a Micro Entity

by Baker Donelson on

When filing a patent application with the United States Patent and Trademark Office (USPTO), certain applicants have the option to designate “small entity status” or “micro entity status.” Claiming either small or micro...more

3 Tips For Thinking Like An Examiner To Maximize Your Consumer Products Patent's Shelf Life

Due to the relatively short shelf life for some consumer products, it can be important to quickly obtain patent protection for such products. Obtaining patent protection early in the life of such products can help inventors...more

[Webinar] How Far Will Obviousness-Type Double Patenting Go: Considerations and Strategies - August 9th, 10:00 am China, CST

Recent decisions handed down by the U.S. Court of Appeals for the Federal Circuit have expanded the reach of non-obviousness type double patenting, leading to new grounds for rejection before the U.S. Patent and Trademark...more

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

by BakerHostetler on

On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

The United States Patent Office Totally Rejected Your Claims? Don't Panic!

by Ward and Smith, P.A. on

In my almost 17 years of practice before the United States Patent and Trademark Office ("PTO"), by far the most common telephone call I receive from inventors is a frantic inquiry about an Office Action received from the PTO...more

Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong (Fed. Cir. 2017)

Detection of paternal cell-free fetal DNA (cffDNA) in maternal blood (the technology at issue in Ariosa v. Sequenom) was in a different incarnation the subject of an interference between professors at two universities; the...more

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

by Jones Day on

On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

USPTO Can Receive Its Attorneys’ Fees for Applicant Appeals to District Court

In NantKwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the district court’s denial of the USPTO’s motion for attorneys’ fees, holding that the “expenses” authorized under 35 U.S.C....more

Paying for Attorneys' Fees Whether you Win or Lose on Appeals from the PTAB

by Brinks Gilson & Lione on

On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”) by bringing a civil action against the Director of the United States Patent & Trademark Office...more

Extension of U.S. Patent and Trademark Office’s Cancer Immunotherapy Pilot Program

On June 19, 2017, the U.S. Patent and Trademark Office (USPTO) announced that it would be extending the Cancer Immunotherapy Pilot Program, which permits patent applications pertaining to cancer immunotherapy to be examined...more

Nantkwest, Inc. v. Matal (Fed. Cir. 2017)

Patent applicants dissatisfied with final outcome of patent prosecution proceedings have long had two options for court review of a Patent and Trademark Appeal Board decision: an appeal to the Federal Circuit under 35 U.S.C....more

Protecting Intellectual Property Rights

by Downey Brand LLP on

Upon hearing the term intellectual property rights, the first image that most people conjure are the tens or hundreds of patents that cover the various features of a smartphone – from the display, to the software, to the...more

Patent Applicants Must Pay USPTO’s Legal Fees For Appeals To District Court Under 35 U.S.C. §145

by Brooks Kushman P.C. on

Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In a 2-1 panel decision, the U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District...more

Cancer Moonshot: USPTO Extends Cancer Immunotherapy Pilot Program Initiative

by Morrison & Foerster LLP on

The United States Patent and Trademark Office (PTO) issued a Notice today extending the Cancer Immunotherapy Pilot Program (Pilot Program), also known as “Patents 4 Patients.” The Pilot Program, which accelerates the...more

USPTO Extends Cancer Immunotherapy Pilot Program

by Foley & Lardner LLP on

On June 29th, 2016, the USPTO announced the Cancer Immunotherapy Pilot Program to allow expedited examination of patent applications that pertain to cancer immunotherapy. Under the Program and after proper petition, the USPTO...more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect...more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect...more

When Final is Not So Final: Strategies for Overcoming Final Rejections

Typically, during prosecution of a U.S. application, a second or subsequent Office Action could be made final by the patent examiner at which time prosecution of the application is essentially closed. For an applicant who...more

Patent Prosecution Data Analytics

Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent...more

To File or Not File Provisional Patent Applications – Part 1: The Pros

Since 1995, the United States has allowed patent applicants to file provisional applications as an alternative to filing non-provisional utility patent applications (often referred to as “regular” or “conventional”...more

Patents 101: The Different Types of Patents

by Revision Legal on

Any business entity or inventor that is considering securing patent rights for a novel and non-obvious invention needs to know a little bit about the different types of patents that are available from the United States Patent...more

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