What is an Information Disclosure Statement or IDS?

What is an Information Disclosure Statement (IDS)? A patent applicant has a duty to disclose to the USPTO all known prior art or other information that may be material to the patentability of the invention in a pending application. To satisfy this duty of candor, the prior art information must be submitted to the USPTO […]

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How to mark patented products with your patent number

How to mark products with patent numbers The question is not if you should mark your patented products (of course you should!), but how. A little background on patent marking is in order. If you sell a product covered by product claims in your patent (as opposed to method claims), you will definitely want to […]

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What is a Restriction Requirement?

Is my patent application being rejected? If a patent examiner thinks that the pending claims in a patent application are directed to more than one invention, the examiner may issue a Restriction Requirement asking the applicant to pick a certain group of claims to prosecute in the pending application. A Restriction Requirement does not necessarily mean […]

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Why file a continuing patent application?

Reasons for Filing a Continuing Application Two key reasons may justify filing a continuing application that stems from a pending patent application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., features, concepts, improvements, variations, processes, etc.) not disclosed in the pending application. Different claims in […]

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Patent term: When does a utility patent expire?

How long does a utility patent last? Generally, a utility patent expires 20 years from the filing date [35 USC 154(a)]. This 20-year patent term begins at the filing date of the first U.S. non-provisional application, which includes the filing date of an international PCT application. Foreign priority dates are not considered in determining the […]

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Can a design patent application claim priority to a utility patent application?

Can a design patent application claim priority to a utility non-provisional application? A design patent application may claim priority to a pending utility non-provisional patent application, but not to a provisional patent application under 35 USC § 172. The drawings in the earlier filed non-provisional application must adequately support the drawings to be filed in the […]

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How to speed up patent application based on applicant’s age

Petition to Make Special Based on Age There’s a streamlined way to speed up utility patent applications based on the inventor’s age. An inventor who is at least 65 years old may file a petition to make special based on age with the USPTO to advance the examination of the patent application. By filing the […]

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