Elissa Kingsland on Patents

Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?

At the time of filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce...more

5/4/2022 / America Invents Act , Fees , Higher Education Act , Micro Entity Status , Nonprofits , Patent Applications , Patents , SBA , USPTO

Patent Term Adjustment: The Real Meaning of Applicant Delay

On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA). PTA was established by the American Inventors Protection Act of 1999 and codified at 35...more

2/7/2019 / Chevron Deference , European Patent Office , Patent Applications , Patent Examinations , Patent Term Adjustment , Patent Terms , Patents , Request for Continued Examination , Statutory Interpretation , USPTO

Understanding Priority Claims for U.S. Patent Applications: Part 2

This article is second in a two-part series focusing on various issues related to priority claims in U.S. patent applications. While Part 1 is a general overview of how to make a proper priority claim, this article addresses...more

11/29/2018 / Foreign Patent Applications , Intellectual Property Protection , Patent Applications , Patent Litigation , Patents , Priority Patent Claims , Statutory Requirements , USPTO

Understanding Priority Claims for U.S. Patent Applications: Part 1

This article is first in a two-part series focusing on various issues related to priority claims in U.S. patent applications. Part 1 is a general overview of how to make a proper priority claim, without addressing how to...more

7/11/2018 / Foreign Patent Applications , Incorporation by Reference , Patent Applications , Patent Cooperation Treaty , Patents , Priority Patent Claims , Provisional Applications , Statutory Requirements , USPTO

Information Disclosure Statements: When and How to File?

Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications as defined in 37 C.F.R. § 1.56 have a duty to disclose to the...more

1/29/2018 / Disclosure Requirements , Information Disclosure Statement , Patent Application Information Retrieval (PAIR) , Patent Applications , Patent Examinations , Patent Terms , Patents , Request for Continued Examination , USPTO

Calculating Patent Term Adjustment: Part 2

This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications. While Part 1 is a general overview of how to calculate patent term adjustment (“PTA”), this...more

9/21/2017 / Information Disclosure Statement , Patent Applications , Patent Examinations , Patent Term Adjustment , Patent Terms , Patents , Request for Continued Examination , USPTO

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

6/26/2017 / Patent Applications , Patent Term Adjustment , Patent Terms , Patents , Pre-GATT , Request for Continued Examination , USPTO

Elissa Kingsland

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