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, […]

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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 […]

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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 […]

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What does a successful patent Office Action response look like?

What makes for a successful patent Office Action response? When it comes to responding to patent rejections, you have essentially two weapons. First, you can amend the claims. Second, you can argue against the claim rejections. A successful patent Office Action response typically involves a combination of claim amendments and technical arguments. This is a […]

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What are claim amendments?

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. It is highly likely that your Office Action response will contain a combination of claim amendments and arguments in order to overcome the […]

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What is a trademark refusal?

What are the different types of trademark refusals? As much as you try to avoid it, you may receive a refusal to register your mark by the USPTO. Not all trademark refusals are the same. Some are based on similarities to prior registrations or pending applications. Other refusals may be based on descriptive qualities in […]

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What are allowable claims?

What are allowed or allowable claims in a utility patent application? So, the examiner indicates that your utility patent application has allowable claims. Congratulations! The goal of filing a utility patent application is to get at least one patent with reasonably broad claims. If you have received a Notice of Allowance or Office Action identifying […]

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