Are trademark rights based on first to use or file?

Are US trademark rights based on first to use or file? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. In fact, some countries do not require any use to register a trademark or renew […]

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How long is the utility patent wait time for a first review?

What is the average wait time for an examiner to begin review your utility patent application? Experienced utility patent filers know something that might be a shock to first time applicants. The utility patent wait time for a first review of your application can be unbearably long. Known as “first Office Action pendency,” just how […]

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Can you suspend or extend trademark opposition deadlines?

What is the difference between a suspension and an extension of trademark opposition deadlines? Each trademark opposition will have deadlines set by the TTAB. When a party believes that an extension or suspension may be warranted given certain circumstances, a party may file a motion to extend or motion to suspend. If the nonmoving party […]

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What are your options after an unfavorable patent appeal decision?

Unfavorable Patent Appeal Decision An ex parte patent appeal decision by the PTAB that affirms an examiner’s rejections can seem like the end of the road, but you do have some options. You can go the litigation route by filing a civil lawsuit in federal district court or appealing to the Court of Appeals for […]

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What is new matter?

What is the meaning of new matter in patent applications? New matter in a patent application typically refers to something recited in the claims that is not supported by the specification. It can also refer to a description that an applicant tries to add to the specification that goes beyond the scope of the original […]

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Are multiple dependent claims allowed by the USPTO?

What is a multiple dependent claim? A multiple dependent claim is a dependent claim that refers to more than one claim. The USPTO will not object to proper multiple dependent claims. Unfortunately, most specifications originating from foreign countries contain multiple dependent claims that would be improper under US patent rules. For foreign associates and applicants […]

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Can you change a patent application after filing?

Can you change a patent application after it has been filed? Do ideas simply stop churning in your head after a patent application has been filed? Anyone creative enough to file a patent application would likely continue to think and improve upon their innovation. When your brain has been in a constant mode of creation, […]

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What is a preferred embodiment?

What are preferred embodiments? In any other context besides patents, “preferred embodiment” would sound quite strange. Yet, the term is used so commonly and frequently in utility patents that the inexperienced reader might be tempted to gloss it without understanding its meaning. Why does a specification have to repeat it 75 times? What exactly is […]

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What Questions to Ask if You Are Not Sure About Filing a Patent

What questions should you ask when you’re unsure about filing a patent application? Making a decision about filing a patent can be a daunting task. Where do you start? What will it cost? Will you even be able to get a patent? If so, will patents help? Let’s walk through a few preliminary questions about […]

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