Does your specification support your claim amendments?

Why must claim amendments find support in the specification? There is a rigid rule in patent prosecution that is strictly enforced: you can only claim what is disclosed in the specification. You cannot claim what is not disclosed [see 35 USC 112(a)]. This means that in responding to an Office Action, you can amend the […]

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What is the Full First Action Interview Pilot Program?

Examiner interviews are typically requested by the applicant after receiving a first Office Action on the merits. The benefit of the First Action Interview (FAI) Pilot Program is that an applicant gets an extra bite at the apple, an opportunity to talk to the examiner and file a written response, before the first Office Action […]

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What is PPH (Patent Prosecution Highway)?

What is PPH? PPH stands for Patent Prosecution Highway, which is a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of patent applications that previously received favorable rulings. Two key acronyms are helpful here: OEE refers to the Office of Earlier Examination and OLE refers to the Office of Later […]

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What is the difference between a provisional vs. nonprovisional patent application?

Provisional vs. nonprovisional applications: Which is reviewed by the USPTO? A nonprovisional patent application is normally considered the regular utility patent application. It’s what you file to get the USPTO to review your utility application and hopefully grant your patent. A provisional patent application, on the other hand, does not get reviewed. If done correctly, however, […]

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How to get international utility patents

When Must a Foreign/International Patent Application be Filed? For utility patent applications, the foreign filing deadline is one year from the priority date. For most US applicants, the priority date is the filing date of the earliest US application, which may be either a provisional or nonprovisional application. What Are My Foreign Filing Options? To […]

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