Patent data is very fascinating for the wealth of information that it contains.
Did applicants' propensity to file numerous claims, requests for continued examinations, and continuation applications necessitate the new claims and continuation rules?
What are the alternatives to patenting an invention?
1. Disclose the details of the invention to the public
When is a claim anticipated?
A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.
Reference(s): Verdegaal Bros. v. Union Oil Co. of...
“Who is an inventor*?” is often a tricky question and can be a source of contention when several people work on a particular project that becomes the subject of an invention disclosure. It is often erroneously assumed that if one contributes in any...
What are the Graham factual inquiries?
The 103 condition lends itself to several basic factual inquiries. Under 103,
the scope and content of the prior art are to be determined;
differences between the claimed invention and the prior art are to be...
Is it possible for claims to pass the machine-or-transformation test but not recite statutory subject matter under § 101?
Establishing and implementing a global strategy for citing information material to patentability of an application to the U.S. Patent and Trademark Office are germane to procuring enforceable patents. Ideally, such global strategy can be...
A mongrel claim mixes claim elements belonging to different classes of invention and is invalid under 35 USC 112, second paragraph.
The Deputy Commissioner for Patent Examination Policy, Mr. John J. Love, has issued a memorandum to the USPTO Technology Center Directors in an effort to clarify processes under 35 USC § 101. In the memorandum, dated May 15, 2008, Mr. Love...
What differentiates an independent claim from a dependent claim or multiple-dependent claim?
An independent claim is a self-contained claim. It does not refer back to any other claim.
A dependent claim refers back to another claim. By referring...
What is the difference between a provisional patent and a non-provisional patent?
The terms provisional patent and non-provisional patent are misnomers. Rather, the terms provisional application (for patent) and non-provisional application (for...
As a patent practitioner, I have seen some truly pathetic invention disclosures. The problem with such invention disclosures is that they make the job of writing patent applications much harder and more expensive than it need be. Perhaps if...
The Enhanced First Action Interview (EFAI) pilot program became effective at the USPTO on October 1, 2009, and will last until April 1, 2010. The EFAI pilot program builds on the First Action Interview (FAI) pilot program, which was designed to...
PCT - With the recent decrease in EPO-as-ISA search fee, applicants who would normally select USPTO as ISA primarily to save cost will find it easier to use the EPO as ISA.
