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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How to Respond to a Patent Office Action

Patent Office Action Response Since the probability is high (approximately 88%) that a utility nonprovisional patent application will be rejected at least once, the issue is not if, but when and how you will need to respond to a patent Office Action. If and when that Office Action is issued, don’t be surprised or disappointed. […]

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What is a Patent Office Action?

What is a patent Office Action? After waiting one to two years (or longer) from the filing date of your utility non-provisional patent application, you will eventually receive a letter called an “Office Action” from the patent examiner assigned to your application. As of November 2019, the average wait time for the first Office Action […]

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