patent application

What is a terminal disclaimer? Think of a terminal disclaimer as a limit on the term of a patent. This mechanism is used by the…

Are you dealing with a difficult patent examiner? According to this Yale study, about 88% of US utility patent applications will receive a first rejection.…

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. Is this fair? It depends. For…

Is it possible to get your patent first before an earlier application is patented? In the old days, the US patent system gave rights to…

Can you submit prior art after paying the issue fee? It can be a hassle, but the duty of disclosure in a patent application does…

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent,…

When should you file a patent application? Apply for a patent now or wait a bit? If not now, when? At what point will it…

Do patents matter? Some say patents are worthless. Don’t even bother, they argue, and focus on selling products instead. Others say patents matter. If patents…

Do you need to find a new patent lawyer? Existing relationships are sticky. Like glue, we tend to stick to an existing relationship with a…

What is patentable? To be patentable, an invention must be both eligible and unique. Subject matter eligibility relates to the nature of the invention while…

Focus on What Matters Most So much has been said about the patent application process. It can feel overwhelming. To avoid information overload, let’s get…

What does patent prosecution mean? Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial…