Provisional Applications

News & Analysis as of

Demystifying Patent Terminology: Five Easily Misunderstood Words and Phrases

To those who dabble in patent law only occasionally, doing so can feel as disorienting as walking into a wild jungle. And with good reason—patent law’s unique terminology makes it ripe with opportunities for miscommunication...more

Short On Cash? File Provisional Patent Application Without Claims — NOT SO FAST.

I’ve heard several entrepreneurs commenting how they’d like to pursue a provisional patent application because they are short on cash now, but expect to be funded within the 12-month statutory deadline for filing a...more

Early Assignment of your Invention as a Method to Maintain Priority Rights in a European Patent Application

The European Patent Office (EPO) has been a desirable venue for seeking patent protection in Europe. For instance, a patent application granted by the EPO can provide patent protection in many European countries, such as the...more

IP: Subject Matter Conflicts of Interest in Patent Prosecution – Case Law

As discussed in the introductory article of this series, conflict of interest issues are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts...more

Five Patenting Lessons Exemplified by Google’s Glucose-Sensing Contact Lenses

Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I...more

USPTO Issues Memo On Changes Pertaining To Patent Law Treaty

Last week, we reported on changes to the rules of practice made pursuant to title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA), which was enacted on December 18, 2012, and which amended U.S. Patent Law to...more

“Enablement, Enablement, Enablement”: Evaluating the Strength of a Provisional Patent

There’s an old saying that, when it comes to establishing the value of real property, it’s all about “location, location, location.” When it comes to intellectual property, it can be said that it’s all about “enablement,...more

7,000 Provisional Waiver Applications Received During the First Four Months of the Program

Since March 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) have been able to apply for provisional unlawful presence waivers (I-601A form) before they...more

When To File For A Patent — Part 2:

So, as we discussed last week, ideas aren’t patentable. But, can the USPTO offer any assistance to inventors that are perhaps a bit farther along, but aren’t quite ready for a patent? Full-blown patent protection is not...more

Changes to Australian Patent Laws Effective April 15, 2013

Australia has typically been viewed as a desirable venue in which to pursue patents, in part because the rules were more lenient than in other venues, including those at the United States Patent and Trademark Office. However,...more

Preparing for the Final Phase of the America Invents Act Going Into Effect March 16, 2013

The final phase of the America Invents Act (AIA) takes effect on March 16, 2013. This means that any patent application filed in the U.S. on or after that date, which, at any time during its pendency, contains a claim that is...more

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