From PCT to US National Stage: How to get the initial filing right

Before filing a US national stage patent application A PCT application provides several benefits beyond merely delaying the costs of filing individual national stage applications in desired countries. By taking advantage of these optional strategies while the PCT application is pending, an applicant can place their patent application in a more strategically effective position for […]

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What are strategies for getting a patent sooner?

What are effective patent strategies? Getting a utility patent can be a long and expensive slog. The utility patent process is a journey fraught with obstacles that may tempt you to feel discouraged. Without sugarcoating the burdensome nature of utility patent prosecution, here are some strategies that may help you get a patent granted sooner. […]

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What Patent Examiners Need vs. What They Get

If you want to know what makes for a well written patent application, it may help to understand what USPTO examiners really think. According to a 2020 survey of 850 USPTO patent examiners, helpful insights were provided on the readiness of a patent application. What was interesting to see was not only the ranking of […]

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What is a patent specification?

What does a patent specification do? A patent specification is typically distinguished from the claims. The specification comprises the drawings and written description. Whereas the claims define the legal scope of protection, the specification describes the invention and provides support for the claims. The specification is generally not intended to limit the patented invention, but […]

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What a USPTO patent examiner really thinks

Thinking like a patent examiner We are privileged to have a former USPTO patent examiner, Lyman Smith, as Of Counsel patent attorney to our firm. The following insightful answers come from Lyman’s familiarity with the inner system of the US Patent Office. Keep in mind we are talking about utility nonprovisional patent applications, and not […]

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Patent publication = published patent application

What is a patent publication? A patent publication is a published utility patent application. A patent publication is not a patent. While a published patent application may eventually issue into a patent, the patent publication consists of only the application itself, namely, the drawings and written specification. The patent publication does not provide information about […]

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Should you fight for broader patent claims?

Broader patent claims: when less is more Before we dive into this discussion, let’s make sure we’re all on the same page about what we mean by broader patent claims. When it comes patent claims, broader does not necessarily mean more. In fact, it’s the opposite. Narrow claims state several elements, or claim limitations. Broad […]

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Patent strategy: 5 steps to improve chances of getting a patent

Your patent strategy depends on your goals Patent strategies should be dictated by end goals. So it makes sense to start with a worthy goal, and then work backwards to formulate a patent strategy to achieve that goal. Since every patent application is different, let me generally suggest a goal that would broadly fit the […]

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What is the Full First Action Interview Pilot Program (FAI)?

What First Action Interview is not Let’s first clarify what the First Action Interview (FAI) program does not do. The FAI program does not apply to design patent applications which require a design Rocket Docket request. The FAI program also does not shorten the waiting time for the first Office Action, also known as First […]

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What is PPH (Patent Prosecution Highway)?

What is PPH? PPH stands for Patent Prosecution Highway, a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of utility patent applications that previously received favorable rulings. In order to take advantage of this program, the US utility patent application must have a counterpart application with the same claims […]

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