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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What is a patent rejection?

Has your utility patent application been rejected? If so, welcome to the club. Approximately 90% of utility patent applications will get rejected. Utility applications often receive multiple patent rejections. So do not be disappointed. Rejections are the norm for utility patents. This article will help clarify a patent rejection so that you can form an […]

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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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The Art of Persuasion: How to persuade IP examiners

Why is persuasion necessary? If you’re going to be an IP attorney, you must be able to persuade. There is no way around it. Whether you’re focused on IP litigation or prosecution, the skill of persuasion is critical. Here’s the problem. Persuasion involves people skills and a proper balance of listening and speaking. When it […]

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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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How does the USPTO get prior art?

How do USPTO patent examiners get prior art? When examining patent applications, USPTO examiners get relevant prior art through two primary means: the patent examiner searches the prior art; and relevant prior art is submitted for the examiner’s consideration. The active approach of the examiner searching prior art is straightforward and no different than what […]

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What is a Patent Examiner’s Amendment?

What is a Patent Examiner’s Amendment? I love Examiner’s Amendments. Not only is the patent examiner willing to allow a patent application, the examiner is taking the initiative to amend the application in order to get it allowed. Agreeing to an Examiner’s Amendment is more expeditious than filing your own amendment because you save the […]

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Why conduct a patent examiner interview?

What is a patent examiner interview? Patent examiners are human. This simple truth is often overlooked in the back-and-forth written communications with the USPTO. An examiner interview is a conversation between your attorney and the USPTO examiner reviewing your patent application. While the interview might take place in person, the discussion typically occurs over the telephone […]

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