New Patent Term Adjustment – A Deduction

The new Patent Law provides applicants with additional opportunities to delay the examination process, by filing an application without any claims and by filing an application merely by reference to a prior-filed application. However, the US Patent Office has decided to require that an application should be placed in condition for examination within eight months […]
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Priority Patent Claims

The new patent law amends the patent statute to provide a two-month grace period, extension, for filing an application with a priority patent claim to an earlier filed application.  Namely, the US Patent Office may prescribe regulations, including the requirement for payment of a fee, pursuant to which the 12-month period set forth in the […]
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Patent Filing Dates

The Patent Treaty Implementation Act amends the Patent Statute such that non-provisional applications no longer need a claim in order to be accorded a filing date. Required parts of the application to be accorded a filing date include a specification, a fee, and enough information to identify the application.  However, the fee, oath or declaration, […]
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New Developments in US Patent Law, Not Driven by the America Invents Act

The US Patent Office took a dramatic turn in 2007-2008, challenging patentability to the extent that many “inventions” which previously would have been found patentable, suddenly were labeled as “obvious” and thus found to be not patentable. New information just released – the result was that collections of fee revenue from Issue Fees and Maintenance […]
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New Patent Office Satellite Offices

Up until now, anyone wanting to do business with the US Patent Office had to deal with Patent Office officials in Washington, D.C. While much of the process of handling patent applications and the like can be handled by available communications such as mail, email, telephone, fax, and the like, there are instances where the […]
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What Happens to a Patent Application After A “Final Rejection”?

In the past, any response submitted to the US Patent Office after a Final Rejection was given very little consideration unless the examiner had previously indicated that certain subject matter in the claim was already “Allowable”. In almost all other instances, the examiner simply refuses to officially “enter” and “consider” the Response, saying either that […]
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Has the US Patent Office misinterpreted KSR?

One of the great advantages of the US culture is that we have a long history of thinking independently, which has, among other things, led us to some pretty awesome inventions, and entrepreneurial ventures. The facts show that more patents are filed in the US than anywhere else in the world, by far. Indeed, we […]
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