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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Do you need a prototype before filing a patent?

Do you need a prototype before a patent is filed? No, you do not need to build a working prototype before filing a patent application. However, it helps to think through all the details of what it would take to build your product. Describing your invention in writing with as much detail as possible will […]

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What is nonobvious?

What does “obvious” mean in patent language? The everyday colloquial use of the term “obvious” is so simple that it can be hard to define. Both dictionary.com and Merriam-Webster share a common definition of easily seen or understood. You can say that obviousness refers to something that is evident or recognizable. In the patent world, […]

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Should you file a design patent or utility patent?

Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should file a design patent or utility patent. While every concept is different, certain general guidelines can help you choose the right patent application. Technical differences between utility and design patents have been discussed here. With […]

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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 is a utility model?

What is the difference between a utility model and a utility patent? A utility model is a type of instant intellectual property right that is somewhat similar to a utility patent. While it is unavailable in the US, this alternative patent right is offered in many countries outside the US. This option would only help […]

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First file PCT or US? Which patent application to file first?

Should you file PCT or US patent application first? US applicants seeking patents worldwide will often consider filing both a US nonprovisional patent application and international PCT application. The questions is: Which application should be filed first, or should both patent applications be filed simultaneously? Let’s consider patent strategies for filing US first, PCT first […]

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Patent process from Problem to Idea to Granted Patent

A Problem The journey to a granted patent starts with a problem. You search for a satisfactory solution, but can’t find any. Others may have tried to solve the problem, yet each solution has its shortcomings. There might be existing patches to alleviate symptoms, but no one has come up with a cure. The patent […]

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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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