Are methods of treating humans patentable in the US? Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. Patenting a method of medical treatment would still involve hurdles of obviousness and lack of novelty. So it is possible to […]
Category: Patent Applications
Patent rejected: What happens next?
Will your patent be rejected? Almost certainly for a utility patent, and probably not for a design patent. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, […]
Smarter Office Action Response: File a CIP and skip OA?
What is a smarter way to respond to multiple Office Actions? If you haven’t figured it out already, you’ll soon learn that your utility nonprovisional patent will encounter rejections. Multiple Office Actions are common in utility patent applications. While it’s normal to respond to the first non-final Office Action, what do you do when you […]
When to file a continuation application: What is the continuation deadline?
When must a continuation application be filed? Known as a child application, a continuation must be filed while the parent application is still pending. A pending patent application is one that has not been abandoned or granted. In some cases, there may be no exact deadline for when a continuation must be filed because the […]
How to Review Office Action Response
How to Review a Draft Office Action Response Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility patent applications, rejections come with the territory. The question is not if you get rejected, but when you get rejected. Expect at least one Office Action in your nonprovisional patent […]
How many patent Office Actions can you get? Is there a limit to patent rejections?
How many patent Office Actions are possible? No, there are no limits to how many patent Office Actions (OA) an Examiner can issue. Sadly, multiple Office Actions are quite common in utility patent applications. How far you are willing to go to fight a patent rejection will likely depend on other factors. What is your […]
Patent Attorney Meeting: What questions to answer before first call
How to prepare for the first patent attorney meeting Efficient use of time is good for everyone. It’s good for both attorneys and clients. While we never want to discourage anyone from asking questions, coming prepared to an initial meeting with a patent attorney will lead to a more helpful discussion. Let’s cover some basic […]
What is a Notice of Allowance? How do you get a patent application approved?
What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant. If you have received the NOA, congratulations! […]
What is a patent application? What makes it good?
Do you need a design or utility patent application? Are you trying to protect the functionality or the appearance of your idea? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, […]
Patent application attorney vs. patent litigation lawyer: What are the differences?
What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. There are some patent attorneys who have done both litigation and prosecution, but most practitioners will lean to one practice area over time. A patent prosecutor […]