What are your chances of getting a patent?

What are your chances of getting a utility patent? Utility patents are much harder to obtain than design patents. That’s no surprise. What might not be obvious is that the probability of obtaining a utility patent is a function of time – as more time passes, the chances of getting a utility patent increase. Based […]

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How much a patent costs from start to finish

How much a patent costs depends on several factors There isn’t a one-size-fits-all cost estimate for obtaining a patent. Many variables will affect the overall cost. The type of patent sought will significantly dictate both initial filing costs and the ongoing prosecution costs. Generally, utility patents are significantly more expensive than design patents. What can […]

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What is public disclosure?

What is the meaning of public disclosure of an invention? Patents are time-sensitive. Those desiring patent protection do not have the luxury of waiting indefinitely to file a patent application, especially if they have already released certain information to the public. By definition, public disclosure refers to a non-confidential conveying of information pertaining to your […]

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What is a patent priority claim?

Why do priority claims matter for patents? Patenting is about winning the race to the Patent Office by applying for a protectable invention before others do. In order to be first to the Patent Office, you need an earlier filing date that precedes the filing dates of others attempting to patent similar inventions. A priority […]

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What is an Ex parte Quayle Action?

What is an Ex parte Quayle Office Action? An Ex parte Quayle Office Action, or “Quayle Action” for short, is issued when there are minor issues to be resolved in a patent application that is otherwise in condition for allowance. Prosecution on the merits is closed, meaning that substantive examination has concluded. There are no […]

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How does the USPTO get prior art?

How do USPTO patent examiners get prior art? When examining patent applications, USPTO examiners get relevant prior art through two primary means: the patent examiner searches the prior art; and relevant prior art is submitted for the examiner’s consideration. The active approach of the examiner searching prior art is straightforward and no different than what […]

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How to patent a product

Should you file a patent application? Before diving into the details of how to patent a product, let’s consider a more fundamental question: Should you patent your product or idea? A wise IP strategy should take into consideration the following factors before filing patent applications: Product lifespan (How long will the product realistically last in […]

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Medical device patents: What to know

Start with prior art It seems that innovation in the medical device field generally enjoys a greater probability of making it to the marketplace. When a particular area of technology has a greater chance of making money, you can expect more patent filings. So expect the prior art of medical device patents to be crowded. […]

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What is a supplemental amendment?

When is a supplemental amendment appropriate? As suggested by its name, a supplemental amendment is an additional reply to a patent Office Action. Supplemental replies should be filed only under the following circumstances: (A) Cancellation of a claim(s);(B) Adoption of the examiner suggestion(s);(C) Placement of the application in condition for allowance;(D) Reply to an Office […]

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To file an RCE or not?

When does an RCE matter? RCE stands for Request for Continued Examination. To file an RCE or not to file – this is a question that often arises in the context of responding to a final Office Action (FOA) in a utility patent application. An RCE would not be involved in design patent applications or […]

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