Patents & Inventions Law & Lawyers
A patent is a right granted for any device, substance, method or process which is new, inventive and useful.
A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. This is not automatic-you must apply for a patent to obtain exclusive rights to exploit your invention.
There are two types of patents in Australia;
- a standard patent gives long-term protection and control over an invention for up to 20 years.
- an innovation patent is a relatively fast, inexpensive protection option, lasting a maximum of 8 years. The innovation patent replaced the petty patent on 24 May 2001.
Patents give effective protection if you have invented new technology that will lead to a product, composition or process with significant long-term commercial gain.
In return, patent applicants must share their know-how by providing a full description of how their invention works. This information becomes public and can provide the basis for further research by others.
Australian patents are administered by the Patent Office of IP Australia, a Federal Government Organisation.
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An outline of the patent system
Historical origins
Patents are the oldest form of intellectual property, but their historical origins are obscure. In England, in the fifteenth century, the monarch began to grant monopoly rights as a means of attracting new industries from continental Europe, but these were more in the nature of a royal licence to avoid the effects of guild regulations than a true grant of exclusive rights to carry on an activity.[4] It was only in the following century that patents began to be granted in respect of inventions, and the patent system was put on a statutory basis for the first time in the seventeenth century with the passage of the Statute of Monopolies 1623 (Statute of Monopolies). Despite its age, this English statute continues to have relevance to Australian patent law today.
As it first developed, the English patent was a slow, costly and cumbersome procedure for encouraging and protecting inventions. The procedure was described in derisory terms by Charles Dickens in a short story published in 1850, ‘A Poor Man’s Tale of a Patent’. Over the years there were many piecemeal reforms to the system, but it was the Patents Act 1883 (UK) that provided the basis of modern patent law.
Patent legislation in Australia has always been closely modelled on that of the United Kingdom. Prior to Federation, each of the Australian colonies had its own legislation based on the Patents Act 1883 (UK). In 1901, the Australian Constitution gave the newly established Commonwealth Parliament power to make laws with respect to ‘copyrights, patents of invention and designs, and trade marks’.In 1903, this power was exercised with the enactment of the Patents Act 1903 (Cth).
As in the United Kingdom, there have been many amendments to Australian patent legislation in response to formal commissions of inquiry. The 1903 Act was re-enacted with substantial changes in 1952 and again in 1990. The Patents Act 1990 (Cth) (Patents Act) provides the current legislative framework governing the grant and administration of patents in Australia.
See also our Intellectual Property Law & Lawyers Section by clicking here.
Functions of patents
Patent law has been described as a ‘stressful if fertile union’ between certain contradictory principles: self-interest and the common good; monopoly rights and liberty; the ownership of ideas and public disclosure of knowledge. This union results from the dual goals of patent law—to benefit society by encouraging the provision of new and useful goods, and to encourage and reward inventiveness.
These goals are achieved by providing incentives for innovation and knowledge sharing by granting monopoly rights, for a limited period, to exploit a new product or process. Monopoly rights encourage investment by providing an opportunity to recoup the financial outlays involved in developing an invention. They also reward the inventor by allowing a return to be made on the time and resources expended on research and development.
The limited duration of the monopoly means, however, that the patented invention eventually will be available for free and unrestricted use when the patent term expires: the compromise is thus ‘a way of securing future benefits for the common good’.In addition, patents promote knowledge sharing during the term of the patent by requiring the patent holder to place the details of the invention in the public domain. As one United States judge has stated:
The purpose of the patent system is not only to provide a financial incentive to create new knowledge and bring it to public benefit through new products; it also serves to add to the body of published scientific/technological knowledge. The requirement of disclosure of the details of patented inventions facilitates further knowledge and understanding of what was done by the patentee, and may lead to further technologic advance.
Exploitation of patents
A patent gives the inventor the right to stop others from exploiting the invention for a limited period. However, a patent does not grant an absolute right to exploit an invention in any way the inventor may choose. A patent holder may have to satisfy regulatory requirements in order to exploit the patented product or process; for example, a patented pharmaceutical compound may need approval under the Therapeutic Goods Act 1989 (Cth) before it can be marketed lawfully and sold as a treatment for a particular condition. Similarly, the use of a patented invention is subject to the general law; for example, the components required to manufacture a car may be the subject of many patents, but the car must still be used in accordance with motor traffic laws.
A patent holder is not obliged to exploit a patented invention, but the failure to do so may have implications for the patent holder’s rights. For example, the patent could be subjected to compulsory licensing, or it could be used or acquired by the Crown under relevant provisions of the Patents Act. A patent holder may authorise others to exploit the patent by granting a licence on agreed terms. This may be on an exclusive, sole or non-exclusive basis, and almost certainly will require the licensee to pay royalties or other fees to the patent holder.
It is important to note that while patents are a form of intellectual property, they do not confer ownership in the physical material described in the claims for a patented product or process. Thus, a patent over a genetic sequence does not amount to ownership of the sequence itself.
Criteria for patentability
Although there is considerable variance in detail from one jurisdiction to another, most countries apply similar tests for patentability: an invention must be novel (that is, new), must involve an inventive step, and must have a useful application. In addition, the description of an invention in a patent application must be sufficient to allow a person skilled in the relevant art to create the invention independently.
Briefly, the Patents Act provides that an invention will be patentable if it is a ‘manner of manufacture’ within the meaning of s 6 of the Statute of Monopolies; is novel; involves an inventive or innovative step; is useful; and has not been used secretly within Australia prior to filing the patent application.
Certain inventions are expressly excluded from patentability. Australia has relatively few express exclusions, but they include inventions involving ‘human beings, and the biological processes for their generation’, as well as inventions the use of which would be contrary to law. Other jurisdictions recognise a broader range of exceptions, including inventions involving diagnostic, therapeutic and surgical methods of treatment of humans and animals; and inventions whose commercial exploitation would be contrary to morality or public order.
Australian Patent Law
Australian patent law operates within an international legal framework, which shapes certain procedural and substantive aspects of the patent system.
Australia has enacted legislation that regulates patenting practices within the Australian ‘patent area’ with respect to inventions involving any type of technology. The procedures for obtaining a gene patent in Australia are, broadly speaking, the same as those that apply to patents claiming any other type of technology.
Patents Legislation
Section 51(xviii) of the Australian Constitution grants the Commonwealth Parliament power to make laws with respect to ‘copyrights, patents of inventions and designs, and trade marks’. Pursuant to this power, the Parliament has enacted the Patents Act 1990 (Cth) (Patents Act) and the Patents Regulations 1991 (Cth) (Patents Regulations).
Patent protection in most countries is available for inventions that are new, involve an inventive step, and have a useful application.
In Australia, the Patents Act provides that an invention is patentable if it:
- is a ‘manner of manufacture’—that is, the invention is appropriate subject matter for patent protection;
- is novel;
- involves an inventive or innovative step;
- is useful; and
- has not been used secretly within Australia before the priority date of the patent application.
Administration
The Australian patent system is administered by the Patent Office of IP Australia. IP Australia is a division of the Department of Industry, Tourism and Resources, but operates independently and reports directly to the Minister.
Under the Patents Act, the Commissioner of Patents has the power to grant a patent upon an application being filed with and examined by the Patent Office. IP Australia has developed the Patent Manual of Practice and Procedure (the Manual) to assist Australian patent examiners in applying the Patents Act and Patents Regulations.
State and federal courts and the Administrative Appeals Tribunal (AAT) also have a role in administering the patent system. Decisions of the Commissioner of Patents may be subject to review by the AAT or the Federal Court of Australia. The AAT may undertake merits review of the Commissioner’s decisions with respect to certain procedural matters prescribed by the Patents Act. A direct application may be made to the Federal Court for judicial review in relation to other decisions of the Commissioner; essentially those related to the grant of patents or matters closely allied to the grant (for example, amendments to patent specifications and revocations).
The Federal Court and state and territory Supreme Courts share original (first instance) jurisdiction over matters relating to the exploitation and enforcement of patent rights, including challenges to patent rights, infringement proceedings and compulsory licences. The AAT has no jurisdiction in relation to such issues.
Types of patents
Australian patent law recognises two principal types of patents:
(1) standard patents and
(2) innovation patents.
An applicant for a patent may elect to obtain protection for an invention under either system. Table A below outlines the key features of, and the difference in the scope of protection conferred by, standard and innovation patents.
Standard patents
A standard patent is the basic form of patent protection for inventions under Australian law and is consistent with the minimum requirements for patent protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS Agreement). Unless otherwise indicated, references to an Australian patent and discussions of patent rights in this Report relate only to the standard patent system.
Innovation patents
The innovation patent is a ‘second tier’ of protection, which was introduced in 2001 to replace the petty patent system. Innovation patents are intended to provide protection for ‘lower level’ inventions for which standard patent protection is not available and which are not covered by the designs legislation.
Patents of addition
The Patents Act also provides for the grant of a ‘patent of addition’ for an improvement in, or modification to, an invention claimed in a standard patent that has already been granted.[21] A patent of addition may be obtained only by the owner of the earlier patent, or a person authorised by the owner. The term of a patent of addition expires at the same time as that of the patent on the main invention.
Table A - Features of standard patents and innovation patents
Features |
Standard patent |
Innovation patent |
Term |
20 years (s 67) Extension of up to 5 years available for certain pharmaceutical patents (ss 70–79A) |
8 years (s 68) |
Number of claims |
No limit |
Maximum of 5 claims (s 40(2)(c)) |
Inventions excluded from patentability, or excludable at the discretion of the Commissioner of Patents |
Human beings and the biological processes for their generation (s 18(2)) Inventions whose use would be contrary to law (s 50(1)(a)) Inventions capable of application as a food or medicine that are a mere admixture of known ingredients (s 50(1)(b)) |
Same as for a standard patent, and Plants and animals and the biological processes for the generation of plants and animals (s 18(3), (4)) |
Level of invention required |
‘Inventive step’ over the prior art (s 7(2)–(3), sch 1) |
‘Innovative step’ over the prior art (s 7(4)–(6), sch 1) |
Review by Patent Office prior to grant |
Substantive review for compliance with the requirements for patentability (ss 44–49) |
Formalities check only; no substantive review unless requested (ss 52, 120(1A)) |
If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.
Procedure for grant of a patentPatent rights do not arise automatically. A patent can be obtained only by following the procedure set out in the Patents Act and Patents Regulations. An understanding of the procedure for obtaining a patent is important to understanding Australian patent law generally. The steps in obtaining an Australian patent are described below.
Filing an application
For a patent to be granted, an eligible person must file an application in the form prescribed by the Patent Office. Eligible persons are the inventor of the invention claimed in the application, or a person to whom the inventor has assigned his or her rights in the invention. A patent application must include a specification of the invention, which contains instructions adequate to enable a skilled person in the relevant area of technology to produce or perform the invention. The specification must also indicate the ‘claims’ that define the invention; that is, the scope of protection that the applicant is seeking.
Australian patent law recognises two types of patent applications—provisional and complete. Provisional and complete applications may be filed to obtain either a standard patent or an innovation patent.
A provisional application need only contain a description of the invention. Often, an inventor files a provisional application before all the details of an invention are known. The applicant then has 12 months to file a complete application.
A complete application must contain a full description of the invention, together with claims, and an abstract summarising the invention being disclosed. A complete application may be based on one or more provisional applications, and only those claims that are ‘fairly based’ on the relevant provisional application will be entitled to the priority date of the provisional application.
The ‘priority date’ of a patent claim is important in determining whether the requirements for patentability of an invention have been met. The requirements of novelty and inventive step are assessed against the prior art as it existed before the priority date. The priority date is typically the date on which a provisional application is filed in Australia, or the date on which an application is filed in another participating jurisdiction.
An applicant may also elect to file a complete application with the Patent Office under the Patent Cooperation Treaty (PCT). A PCT application designates all the jurisdictions that are parties to the PCT (including Australia), and secures an international priority date.
PCT applications that have entered the national phase (and will be processed as a complete application) are the main type of applications received by IP Australia. In 2002–03, 16,278 PCT applications selected Australia as one of the jurisdictions in which an applicant wished to obtain patent protection and entered the national phase in Australia. During the same period, 5,694 non-PCT applications for standard patents were filed with IP Australia.
Divisional applications
Each patent application may claim protection only for a single invention. If, following assessment of a patent application, a patent examiner finds that an applicant has claimed more than one invention in the application, the applicant may elect to file a ‘divisional application’—that is, a new application divided from the original or parent application. A divisional application allows an applicant to continue to benefit from the priority date of the original application.
Divisional applications may claim subject matter not contained in the original application so long as all the features of at least one of the claims were disclosed in the original application. There are no statutory limits on the number of divisional applications that may arise from a single complete application.
The Patents Act restricts the subject matter that may be claimed in a divisional application, depending on the time at which it is filed. However, a divisional application, once filed, is subject to the same procedural requirements, including examination, as any other complete patent application.
In its submissions to the Inquiry, IP Australia indicated that divisional applications are currently ‘open to abuse’. In practice, such abuse may occur only in a small number of cases. However, IP Australia suggested that patent applicants are able to make strategic use of divisional applications in order to delay determinations by the Patent Office as to the proper scope of patent claims, or as to whether a patent should be granted. IP Australia commented that the Patents Act allows an applicant to use a divisional application to obtain a de facto monopoly by extending the period within which to respond to an examiner’s adverse report. While this use of divisional applications may be legitimate in some circumstances, IP Australia suggested that it might be used tactically by an applicant in ‘newly developing areas of technology, such as genetics, where there is a question of [the] patentability of the subject matter’. Further, an applicant might avoid a decision in an opposition proceeding by withdrawing the opposed application and refiling it as a divisional application. To address these issues, IP Australia suggested that limitations could be imposed on the circumstances in which divisional applications are available.
However, the majority of submissions and consultations on this issue did not support imposing additional limitations either on the period within which a divisional application may be filed or on the subject matter that may be claimed in a divisional application. Submissions and consultations questioned whether divisional applications are being misused, and commented on the lack of evidence that divisional applications claiming genetic inventions present a special case.
Examination
Once an application has been filed with the Patent Office, a number of additional steps must be followed before a patent may be issued. An applicant must file a request that the Patent Office examine the application. Examination is not automatic and a request for examination must generally be filed within five years of the date of filing a complete specification. However, IP Australia’s standard practice is to direct applicants to file a request for examination, if no request has been received, at approximately 32 months from the priority date, although this period may vary according to IP Australia’s workload. An abbreviated examination may be requested if an Australian patent application is related to a patent that has already been granted by the patent office in a prescribed foreign jurisdiction.
The purpose of examination is to determine whether the invention meets the statutory requirements for patentability set out in the Patents Act. The Patent Office carries out searches of previously published documents—including scientific and patent literature (‘prior art information’)—to determine the prior art material relevant to the claimed invention. In addition, an applicant must disclose to the Patent Office the results of searches carried out by or on behalf of foreign patent offices in respect of the invention claimed in an Australian application, or in a corresponding patent application filed overseas. An examiner with expertise in the relevant area of technology then examines the application, taking into account the information contained in the results of these searches and any other prior art information.
Examination of a patent application typically involves an exchange between the examiner and the applicant about the appropriate scope of the specification and the claims in light of the relevant prior art. This process is known as ‘prosecution’ of a patent application.
Following receipt of a request for examination, an examiner will make an initial assessment of an application for a standard patent and either accept the application as filed or issue a ‘first report’ detailing the procedural and substantive grounds for objecting to the application. An applicant then has a period of 21 months to address the objections raised by the examiner. The examiner may issue further reports for each response by the applicant that does not satisfy the objections raised. An application for a standard patent will generally lapse if it is not in order for acceptance within 21 months after the date of the first report.
Acceptance, publication and sealing
The Commissioner of Patents must notify an applicant of the decision to accept or refuse a patent application, and must publish notice of the decision in the Official Journal of Patents (Official Journal). Formal refusal of an application is rare. More commonly, applications for standard patents lapse for failure to obtain acceptance within the prescribed 21 month period following a first report. The Official Journal also publishes notices of lapsed applications.
Publication of a notice of acceptance in the Official Journal should be distinguished from the publication of a complete specification for a standard patent. This typically occurs 18 months after the earliest priority date for the application, and is also advertised in the Official Journal. An application is confidential prior to publication of the complete specification, and only bibliographic details—such as the applicant’s name and title of the invention—are made available by the Patent Office.
A patent is granted when the Commissioner of Patents causes the patent to be sealed with the seal of the Patent Office. For a standard patent, this will occur within six months of the date of publication in the Official Journal of the notice of acceptance of the application, unless the application is opposed.
If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.
International legal instruments
Australia is a party to a number of international legal instruments relating to intellectual property. The major international instruments that affect patent laws and practices in Australia are:
- Paris Convention for the Protection of Industrial Property 1883 (Paris Convention);
- Patent Cooperation Treaty 1970 (PCT);
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977 (Budapest Treaty); and
- Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS Agreement).
Australian domestic law has given effect to significant provisions of each of these instruments.
See also our Intellectual Property Law & Lawyers Section by clicking here.
Links to further resources - Patents & Inventions Law & Lawyers
Rights of a patent holder
The Patents Act provides that the grant of a patent confers upon a patent holder the exclusive right to exploit, or to authorise another person to exploit, an invention during the patent term. ‘Exploit’ is defined in the Act to include:
(a) where the invention is a product—make, hire, sell or otherwise dispose of the product, offer to make, sell, hire, or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or
(b) where the invention is a method or process—use the method or process or do any act mentioned in (a) in respect of a product resulting from such use.
A patent does not, however, grant an absolute right to exploit an invention. A patent holder may have to satisfy other legal requirements in order to exploit the patented product or process. For example, a patented pharmaceutical compound may need to be approved under the Therapeutic Goods Act 1989 (Cth) before it can lawfully be marketed and sold as a treatment for a particular condition. In addition, a patent holder’s ability to exploit the invention may be subject to earlier patents not owned by the patent holder.
A patent holder may assign or license its patent rights to a third party. An assignment of a patent results in the transfer of all of the rights owned by the patent holder to a third party (the assignee).
A licence of a patent does not transfer ownership of any patent rights; rather, it establishes terms upon which a third party (the licensee) may exercise certain patent rights without such use constituting infringement.
A patent holder is not obliged to exploit an invention claimed in a patent at any time during the patent term, nor to license or assign its patent rights.
However, the failure to exploit the invention may encourage others to invoke the Crown use or compulsory licensing provisions in the Patents Act.
Patent rights remain subject to challenge even after the Commissioner of Patents accepts a patent application and after the patent is sealed. Section 20 of the Patents Act expressly states that nothing in the Act or in the PCT guarantees that a patent is valid.
Duration of patent protection
A standard patent generally has a term of 20 years, commencing on the date of the patent; an innovation patent has a term of 8 years. The term of a standard patent relating to ‘pharmaceutical substances’ may be extended in certain circumstances.
Art 33 of the TRIPS Agreement requires member States to provide patent protection for a term of not less than 20 years from the filing date. Article 27(1) requires member States to make patent protection available for all inventions, without discrimination as to the field of technology to which an invention relates. The Patents Act was amended in 1994 to extend the term of protection for a standard patent from 16 years to 20 years in order to bring Australian patent law into conformity with the TRIPS Agreement.
While the TRIPS Agreement provides some flexibility to member States in developing their own patent laws, the minimum term of patent protection is not subject to exceptions or qualifications. The TRIPS Agreement does, however, permit member States to require compliance with reasonable procedures and formalities as a condition of the acquisition or maintenance of intellectual property rights. Such procedures and formalities include the payment of fees for the filing and processing of a patent application, and for maintaining existing patent rights.
In addition, the Australia–United States Free Trade Agreement contains a provision that might affect the term of patent. Article 17.9.8 provides that, if there are unreasonable delays in a Party’s issuance of patents, that Party shall provide a means to adjust the term of the patent to compensate for the delay. If, in the future, there is evidence of unreasonable delay in the grant of Australian patents it may be necessary to amend the Patents Act to provide an extension of the patent term.
If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.
See also our Intellectual Property Law & Lawyers Section by clicking here.
MPEP Q & A 315: List examples of situations that confirm a “real world” context of use.
Tue, 19 Nov 2024 15:20:34 +0000
Question: List two examples of situations that require or constitute carrying out further research to identify or reasonably confirm a “real world” context of use and, therefore, do not define “substantial utilities.” Answer: The following are examples of situations that require or constitute carrying out further research to identify or reasonably confirm a “real world” […]
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MPEP Q & A 314: What will the request indicate for each patent and printed publication cited in the request?
Tue, 05 Nov 2024 15:30:19 +0000
Question: When an examiner concludes that no substantial new question of patentability has been raised, they will prepare a decision denying the reexamination request. What will that request indicate for each patent and printed publication cited in the request? Answer: If the examiner concludes that no substantial new question of patentability has been raised, the […]
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MPEP Q & A 313: Reasons why the Office will withdraw the application from issue.
Tue, 22 Oct 2024 14:30:59 +0000
Question: Once the issue fee has been paid, list two reasons why the Office will withdraw the application from issue at its own initiative. Answer: Once the issue fee has been paid, the Office will not withdraw the application from issue at its own initiative for any reason except: (1) A mistake on the part […]
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MPEP Q & A 312: List two General Plastic non-exclusive factors.
Tue, 08 Oct 2024 14:40:01 +0000
Question: List two General Plastic non-exclusive factors. Answer: The General Plastic non-exclusive factors include the following: Whether the same petitioner previously filed a petition directed to the same claims of the same patent; Whether at the time of filing of the first petition the petitioner knew of the prior art asserted in the second petition […]
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Industrial Designer Salary
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Home > Career Insights > Industrial Designer Salary Industrial Designer Salary & Career Insights What is the average salary for an industrial designer in the United States? $76,250 per year According to BLS.gov, the average salary for an industrial designer in the United States is $76,250 annually. The lowest salary is $46,530 annually, and the […]
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Graphic Designer Salary
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Home > Career Insights > Graphic Designer Salary Graphic Designer Salary & Career Insights What is the average salary for a graphic designer in the United States? $58,910 per year According to BLS.gov, the average salary for a graphic designer in the United States is $58,910 annually. The lowest salary is $36,420 annually, and the […]
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Home > Career Insights > Fine Artist Salary Fine Artist Salary & Career Insights What is the average salary for a fine artist in the United States? $59,300 per year According to BLS.gov, the average salary for a fine artist in the United States is $59,300 annually. The lowest salary is $28,390 annually, and the […]
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Home > Career Insights > Art Teacher Salary Art Teacher Salary & Career Insights What is the average salary for an art teacher in the United States? $80,360 per year According to BLS.gov, the average salary for an art teacher in the United States is $80,360 annually. The lowest salary is $47,570 annually, and the […]
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Home > Career Insights > Architect Salary Architect Salary & Career Insights What is the average salary for an architect in the United States? $93,310 per year According to BLS.gov, the average salary for an architect in the United States is $93,310 annually. The lowest salary is $58,870 annually, and the highest is $151,300 annually. […]
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Petroleum Engineer Salary
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Home > Career Insights > Petroleum Engineer Salary Petroleum Engineer Salary & Career Insights What is the average salary for a petroleum engineer in the United States? $135,690 per year According to BLS.gov, the average salary for a petroleum engineer in the United States is $135,690 annually. The lowest salary is $77,340 annually, and the […]
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Nuclear Engineer Salary
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Home > Career Insights > Nuclear Engineer Salary Nuclear Engineer Salary & Career Insights What is the average salary for a nuclear engineer in the United States? $125,460 per year According to BLS.gov, the average salary for a nuclear engineer in the United States is $125,460 annually. The lowest salary is $82,150 annually, and the […]
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Mining Engineer Salary
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Home > Career Insights > Mining Engineer Salary Mining Engineer Salary & Career Insights What is the average salary for a mining engineer in the United States? $100,640 per year According to BLS.gov, the average salary for a mining engineer in the United States is $100,640 annually. The lowest salary is $55,150 annually, and the […]
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Home > Career Insights > Mechanical Engineer Salary Mechanical Engineer Salary & Career Insights What is the average salary for a mechanical engineer in the United States? $99,510 per year According to BLS.gov, the average salary for a mechanical engineer in the United States is $99,510 annually. The lowest salary is $64,560 annually, and the […]
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Home > Career Insights > Materials Engineer Salary Materials Engineer Salary & Career Insights What is the average salary for a materials engineer in the United States? $104,100 per year According to BLS.gov, the average salary for a materials engineer in the United States is $104,100 annually. The lowest salary is $63,340 annually, and the […]
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Home > Career Insights > Marine Engineer Salary Marine Engineer Salary & Career Insights What is the average salary for a marine engineer in the United States? $100,270 per year According to BLS.gov, the average salary for a marine engineer in the United States is $100,270 annually. The lowest salary is $76,860 annually, and the […]
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Home > Career Insights > Industrial Engineer Salary Industrial Engineer Salary & Career Insights What is the average salary for an industrial engineer in the United States? $99,380 per year According to BLS.gov, the average salary for an industrial engineer in the United States is $99,380 annually. The lowest salary is $65,320 annually, and the […]
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MPEP Q & A 311: Two requirements for a petition for suspension of action under 37 CFR 1.103(a)
Tue, 24 Sep 2024 14:40:48 +0000
Question: List two requirements for a petition for suspension of action under 37 CFR 1.103(a). Answer: A petition for suspension of action under 37 CFR 1.103(a) must: (A) be presented as a separate paper; (B) be accompanied by the petition fee set forth in 37 CFR 1.17(g); (C) request a specific and reasonable period of suspension not greater than […]
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Electrical Engineer Salary
Tue, 24 Sep 2024 02:24:39 +0000
Home > Career Insights > Electrical Engineer Salary Electrical Engineer Salary & Career Insights What is the average salary for an electrical engineer in the United States? $106,950 per year According to BLS.gov, the average salary for an electrical engineer in the United States is $106,950 annually. The lowest salary is $69,320 annually, and the […]
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Computer Hardware Engineer Salary
Tue, 24 Sep 2024 02:23:30 +0000
Home > Career Insights > Computer Hardware Engineer Salary Computer Hardware Engineer Salary & Career Insights What is the average salary for a computer hardware engineer in the United States? $138,080 per year According to BLS.gov, the average salary for a computer hardware engineer in the United States is $138,080 annually. The lowest salary is […]
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Civil Engineer Salary
Tue, 24 Sep 2024 02:22:40 +0000
Home > Career Insights > Civil Engineer Salary Civil Engineer Salary & Career Insights What is the average salary for a civil engineer in the United States? $95,890 per year According to BLS.gov, the average salary for a civil engineer in the United States is $95,890 annually. The lowest salary is $63,220 annually, and the […]
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Chemical Engineer Salary
Tue, 24 Sep 2024 02:21:49 +0000
Home > Career Insights > Chemical Engineer Salary Chemical Engineer Salary & Career Insights What is the average salary for a chemical engineer in the United States? $112,100 per year According to BLS.gov, the average salary for a chemical engineer in the United States is $112,100 annually. The lowest salary is $75,650 annually, and the […]
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Bioengineer and Biomedical Engineer Salaries
Tue, 24 Sep 2024 02:20:25 +0000
Home > Career Insights > Bioengineer and Biomedical Engineer Salary Bioengineer and Biomedical Engineer Salary & Career Insights What is the average salary for a bioengineer and biomedical engineer in the United States? $100,730 per year According to BLS.gov, the average salary for a bioengineer and biomedical engineer in the United States is $100,730 annually. […]
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Agricultural Engineer Salary
Tue, 24 Sep 2024 02:18:09 +0000
Home > Career Insights > Agricultural Engineer Salary Agricultural Engineer Salary & Career Insights What is the average salary for an agricultural engineer in the United States? $88,750 per year According to BLS.gov, the average salary for an agricultural engineer in the United States is $88,750 annually. The lowest salary is $62,150 annually, and the […]
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Aerospace Engineer Salary
Tue, 24 Sep 2024 02:16:56 +0000
Home > Career Insights > Aerospace Engineer Salary Aerospace Engineer Salary & Career Insights What is the average salary for an aerospace engineer in the United States? $130,720 per year According to the BLS.gov, the average salary for an aerospace engineer in the United States is $130,720 annually. The lowest salary is $81,620 annually, and […]
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Electronics Engineer Salary
Tue, 24 Sep 2024 02:03:00 +0000
Home > Career Insights > Electronics Engineer Salary Electronics Engineer Salary & Career Insights What is the average salary for an electronics engineer in the United States? $119,200 per year According to BLS.gov, the average salary for an electronics engineer in the United States is $119,200 annually. The lowest salary is $76,700 annually, and the […]
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Physicist Salary
Tue, 24 Sep 2024 01:54:10 +0000
Home > Career Insights > Physicist Salary Physicist Salary & Career Insights What is the average salary for a physicist in the United States? $155,680 per year According to BLS.gov, the average salary for a physicist in the United States is $155,680 annually. The lowest salary is $80,950 annually, and the highest is $232,940 annually. […]
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Microbiologist Salary
Tue, 24 Sep 2024 01:53:18 +0000
Home > Career Insights > Microbiologist Salary Microbiologist Salary & Career Insights What is the average salary for a microbiologist in the United States? $85,470 per year According to BLS.gov, the average salary for a microbiologist in the United States is $85,470 annually. The lowest salary is $49,070 annually, and the highest is $147,470 annually. […]
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Clinical Lab Technician Salary
Tue, 24 Sep 2024 01:52:08 +0000
Home > Career Insights > Clinical Lab Technician Salary Clinical Lab Technician Salary & Career Insights What is the average salary for a clinical lab technician in the United States? $60,780 per year According to BLS.gov, the average salary for a clinical lab technician in the United States is $60,780 annually. The lowest salary is […]
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Chemist Salary
Tue, 24 Sep 2024 01:49:11 +0000
Home > Career Insights > Chemist Salary Chemist Salary & Career Insights What is the average salary for a chemist in the United States? $84,680 per year According to the BLS.gov, the average salary for a chemist in the United States is $84,680 annually. The lowest salary is $52,950 annually, and the highest is $149,550 […]
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Biochemists and Biophysicists Salaries
Tue, 24 Sep 2024 01:46:56 +0000
Home > Career Insights > Biochemist and Biophysicist Salary Biochemist and Biophysicist Salary & Career Insights What is the average salary for a biochemist or biophysicist in the United States? $107,460 per year According to the BLS.gov, the average salary for a Biochemist and Biophysicist in the United States is $107,460 annually. The lowest salary […]
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Paralegal Salary
Tue, 24 Sep 2024 01:43:58 +0000
Home > Career Insights > Paralegal Salary Paralegal Salary & Career Insights What is the average salary for a paralegal in the United States? $60,970 per year According to the BLS.gov, the average salary for a paralegal in the United States is $60,970 annually. The lowest salary is $39,710 annually, and the highest is $98,830 […]
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Attorney Salary
Mon, 23 Sep 2024 21:55:33 +0000
Home > Career Insights > Attorney Salary Attorney Salary & Career Insights What is the average salary for an attorney in the United States? $145,760 per year According to the BLS.gov, the average salary for an attorney in the United States is $145,760 annually. The lowest salary is $69,760 annually, and the highest is $239,200 […]
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Materials Scientist Salary
Mon, 23 Sep 2024 20:45:00 +0000
Home > Career Insights > Materials Scientist Salary Materials Scientist Salary & Career Insights What is the average salary for a materials scientist in the United States? $106,160 per year According to the BLS.gov, the average salary for a materials scientist in the United States is $106,160 annually. The lowest salary is $64,130 annually, and […]
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Patent Law Salary Ranges & Comparisons
Fri, 20 Sep 2024 22:34:29 +0000
PATENT LAW SALARY GUIDE Dive into this essential guide and gain a competitive edge in patent law salary information. This guide is a must-read resource that delves deep into earning potential patent agent and attorney salaries. If you’re mapping out your career path, this guide equips you with detailed research and insights into salary ranges […]
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Patent Paralegal Salary
Tue, 17 Sep 2024 23:30:51 +0000
Home > Career Insights > Patent Paralegal Salary Patent Paralegal Salary & Career Insights What is the average salary for a patent paralegal in the United States? $96,682 per year According to our research, the average salary for a patent paralegal in the United States is $96,682 annually. The lowest salary is $68,758 annually, and […]
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Patent Attorney Salary
Tue, 10 Sep 2024 23:46:25 +0000
Home > Career Insights > Patent Attorney Salary Patent Attorney Salary & Career Insights What is the average salary for a patent attorney in the United States? $185,351 per year According to our research, the average salary for a patent attorney in the United States is $185,351 annually. The lowest salary is $119,188 annually, and […]
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Patent Agent Salary
Tue, 10 Sep 2024 19:52:59 +0000
Home > Career Insights > Patent Agent Salary Patent Agent Salary & Career Insights What is the average salary for a patent agent in the United States? $130,168 per year According to our research, the average salary for a patent agent in the United States is $130,168 annually. The lowest salary is $87,421 annually, and […]
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MPEP Q & A 310: List two examples of notices issued as part of the pre-examination processing of an application
Tue, 10 Sep 2024 14:40:36 +0000
Question: The three-month period in 37 CFR 1.704(b) applies to the Office notices and letters issued as part of the pre-examination processing of an application (except a Notice of Omitted Items in a Nonprovisional Application as discussed above). List two examples of these notices. Answer: These notices include: A Notice of Incomplete Nonprovisional Application (except as to […]
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MPEP Q & A 309: List two requirements for adding a “Sequence Listing” after the application filing date?
Tue, 27 Aug 2024 14:40:18 +0000
Question: List two requirements for adding a “Sequence Listing” after the application filing date? Answer: Adding a “Sequence Listing” after the application filing date involves the submission of: a “Sequence Listing” either as a PDF image file, on physical sheets of paper, or as an ASCII plain text file submitted via the USPTO patent electronic […]
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MPEP Q & A 308: What type of arguments should a patent owner preliminary response include?
Tue, 13 Aug 2024 14:40:07 +0000
Question: What type of arguments should a patent owner preliminary response include? Answer: A patent owner preliminary response may include one or more of the following arguments: The petitioner is statutorily barred from pursuing a review; The references asserted to establish that the claims are unpatentable are not in fact printed publications; The prior art […]
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MPEP Q & A 307: When are electronic means or medium for filing IDSs permitted?
Tue, 30 Jul 2024 14:40:55 +0000
Question: When are electronic means or medium for filing IDSs permitted? Answer: As shown in chapter 600 … Electronic means or medium for filing IDSs are not permitted except for: IDSs electronically submitted using the USPTO patent electronic filing system; or copies of large tables, computer program listings, and sequence listings submitted as a PDF […]
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MPEP Q & A 306: Sealed confidential information prior to the institution of the trial by which options?
Tue, 16 Jul 2024 14:40:43 +0000
Question: Where a petitioner files a motion to seal with the petition that seeks entry of a protective order other than the default protective order, a patent owner may only access the sealed confidential information prior to the institution of the trial by which options? Answer: Where a petitioner files a motion to seal with […]
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MPEP Q & A 305: What must the supplemental search fee be accompanied by in addition to the payment?
Tue, 02 Jul 2024 14:40:30 +0000
Question: What must the supplemental search fee be accompanied by in addition to the payment? Answer: As shown in chapter 1800 … The supplemental search fee must be paid and be accompanied by: a protest and a request for refund of the supplemental search fee. Chapter Details: The answer to this question can be found […]
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MPEP Q & A 304: What does routine discovery include?
Tue, 18 Jun 2024 14:40:18 +0000
Question: What does routine discovery include? Answer: Routine discovery includes: Production of any exhibit cited in a paper or testimony; The cross-examination of the other sides declarants; and Relevant information that is inconsistent with a position advanced during the proceeding. Routine discovery places the parties on a level playing field and streamlines the proceeding. Board […]
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MPEP Q & A 303: What should a certificate of correction filed via the patent electronic filing system use as the document description?
Tue, 04 Jun 2024 14:40:05 +0000
Question: What should a request for a certificate of correction filed via the patent electronic filing system use as the document description? Answer: “A request for a certificate of correction filed via the patent electronic filing system should use the document description: Request for Certificate of Correction.” Chapter Details: The answer to this question can […]
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MPEP Q & A 302: Major differences between 35 U.S.C. 102(c) and the CREATE Act
Tue, 21 May 2024 14:40:53 +0000
Question: What are the major differences between 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between 35 U.S.C. 102(c) and the CREATE Act are the following: 35 U.S.C. 102(c)is keyed to the effective filing date of the claimed invention, while the CREATE Act (pre-AIA 35 U.S.C. 103(c)) focuses on the date that the claimed invention […]
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MPEP Q & A 301: What does the prohibition on ex parte communications not extend to?
Tue, 07 May 2024 14:40:39 +0000
Question: All substantive communications with the Board regarding a proceeding must include all parties to the proceeding, except as otherwise authorized. What does the prohibition on ex parte communications not extend to? Answer: All substantive communications with the Board regarding a proceeding must include all parties to the proceeding, except as otherwise authorized. The prohibition […]
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MPEP Q & A 300: Difference between sequence listing requirements filed before or after July 1, 2022
Tue, 23 Apr 2024 14:40:25 +0000
Question: What is the difference between sequence listing requirements filed before or after July 1, 2022? Answer: For applications filed before July 1, 2022, the sequence listing can be a “Sequence Listing” (as an ACSII plain text file in compliance with 37 CFR 1.821-1.824) submission must be submitted via the USPTO patent electronic filing system […]
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MPEP Q & A 299: What should a motion to exclude evidence include?
Tue, 09 Apr 2024 14:40:13 +0000
Question: What should a motion to exclude evidence include? Answer: A motion to exclude evidence should: (a) Identify where in the record the objection originally was made; (b) Identify where in the record the evidence sought to be excluded was relied upon by an opponent; (c) Address objections to exhibits in numerical order; and (d) […]
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MPEP Q & A 298: Submission requirements for “Sequence Listing XML”
Tue, 26 Mar 2024 14:40:59 +0000
Question: A “Sequence Listing XML” may be submitted as a XML file with a “.xml” extension via the USPTO patent electronic filing system or as read-only optical discs. What does such a submission require? Answer: Such submission requires that applicant provide a statement in a separate paragraph that incorporates by reference the material in the […]
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MPEP Q & A 297: List two situations where a certificate of correction may not be appropriate.
Tue, 12 Mar 2024 14:46:46 +0000
Question: List two exemplary situations where a certificate of correction under 35 U.S.C. 255 may not be appropriate. Answer: Exemplary situations where a certificate of correction under 35 U.S.C. 255 may not be appropriate: (A) Adding or correcting a claim to a prior application having a filing date before March 16, 2013 in a patent that was examined (as […]
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MPEP Q & A 296: List the criteria for “Large Tables”
Tue, 27 Feb 2024 15:43:33 +0000
Question: List the criteria for “Large Tables” that may be submitted in electronic form in ASCII plain text. Answer: “Large Tables” that may be submitted in electronic form in ASCII plain text are: any individual table that is more than 50 pages in length, or multiple tables, if the total number of pages of all […]
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MPEP Q & A 295: Which of the new trial proceedings can the patent owner file a preliminary response for?
Tue, 13 Feb 2024 15:43:20 +0000
Question: Which of the following new trial proceedings can the patent owner file a preliminary response for? Answer: The patent owner is afforded an opportunity to file a preliminary response for inter partes review (IPR), postgrant review (PGR), and covered business method patents (CBM). Chapter Details: This question comes from the following supplement “Patent Trial […]
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MPEP 2900
Mon, 05 Feb 2024 23:52:22 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2900 MPEP 2900 International Design Applications Brief Summary: This chapter was new as of the 9th Edition 07.2015. It covers details on International Design Applications. A single International Design Application may be filed through the USPTO or the International Bureau under the Hague Agreement. The application may […]
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MPEP 2800
Mon, 05 Feb 2024 23:52:04 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2800 MPEP 2800 Supplemental Examination Brief Summary: Chapter 2800 provides guidance on Supplemental Examination, which was created by the Leahy-Smith America Invents Act (AIA) effective September 16, 2012. Supplemental examination provides a patent owner with a mechanism to request that the Office consider, reconsider, or correct information […]
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MPEP 2700
Mon, 05 Feb 2024 23:51:33 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2700 MPEP 2700 Patent Terms, Adjustments, and Extensions Brief Summary: This chapter discusses the intricacies involved with patent terms including how a term may be adjusted or extended. Key Terms: Duty of Disclosure Duty of disclosure is the obligation of patent applicants to disclose all known […]
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MPEP 2600
Mon, 05 Feb 2024 23:51:17 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2600 MPEP 2600 Optional Inter Partes Reexamination Brief Summary: This chapter discusses inter partes reexamination proceedings. These involve the initiator of the reexamination as well as the patent holder and an examiner. Many of the characteristics of an inter partes reexamination proceeding are identical to that of […]
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MPEP 2500
Mon, 05 Feb 2024 23:51:00 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2500 MPEP 2500 Maintenance Fees Brief Summary: Maintenance fees must be paid on all utility applications filed after December 12, 1980. Maintenance fees are not required on design or plant patents. The fees are due 3, 7 and 11 years after the patent is issued. The date […]
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MPEP 2400
Mon, 05 Feb 2024 23:50:43 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2400 MPEP 2400 Biotechnology Brief Summary: The biotechnology chapter focuses on the rules for biological deposits and sequences. Due to the nature of biological based inventions, it may not always be sufficient for the applicant to list the steps necessary to create the product. In these cases, […]
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MPEP 2300
Mon, 05 Feb 2024 23:50:10 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2300 MPEP 2300 Interference and Derivation Proceedings Brief Summary: An interference is a proceeding that is held before the Patent Trial and Appeal Board to determine who should receive the right to a patent when a pending application claims the same invention as another pending application or […]
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MPEP 2200
Mon, 05 Feb 2024 23:49:47 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2200 MPEP 2200 Citation of Prior Art and Ex Parte Reexamination of Patents Brief Summary: This chapter serves as a guide regarding the processing and filing of prior art citations and reexamination requests. The purpose for citing prior art in patent files is to inform the patent […]
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MPEP 2100
Mon, 05 Feb 2024 23:49:24 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2100 MPEP 2100 Patentability Brief Summary: Determining whether specific subject matter is patentable is a very difficult task. Therefore, the PTO has many rules and guidelines used to help sort out this dilemma. The patentability guidelines extend to living subject matter and computer related inventions as well […]
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MPEP 2000
Mon, 05 Feb 2024 23:48:15 +0000
Home > Patent Bar MPEP Breakdown > MPEP 2000 MPEP 2000 Duty of Disclosure Brief Summary: This chapter deals with the duties of disclosure. Each inventor and every other individual who is substantially involved in the preparation or prosecution of the application has a duty of disclosure. These duties consist of candor, good faith and […]
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MPEP 1900
Mon, 05 Feb 2024 23:47:58 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1900 MPEP 1900 Protest Brief Summary: If any member of the public becomes aware of a pending application which he or she believes should not gain patent status, that individual has the right to file a protest in reference to the application. A protestor must have a […]
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MPEP 1800
Mon, 05 Feb 2024 23:47:34 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1800 MPEP 1800 Patent Cooperation Treaty Brief Summary: A Patent Cooperation Treaty (PCT) application enables a U.S. applicant to file one international application (known as the international phase) to the U.S. and have that international application acknowledged as a regularly nationally filed application (known as the national […]
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MPEP 1700
Mon, 05 Feb 2024 23:47:17 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1700 MPEP 1700 Miscellaneous Brief Summary: This chapter discusses several miscellaneous topics such as the restrictions placed on former examiners aiding in the writing or prosecution of a patent application. It also outlines the operation of the Official Gazette, including when it is published and the details […]
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MPEP 1600
Mon, 05 Feb 2024 23:46:58 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1600 MPEP 1600 Plant Patents Brief Summary: This chapter provides an overview of plant patents. Note that these patents will only be granted for certain plants. One of the major criteria for a plant patent is that the plant must reproduce asexually. Asexual plants are reproduced by […]
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MPEP 1500
Mon, 05 Feb 2024 23:46:39 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1500 MPEP 1500 Design Patents Brief Summary: The details of design patents are discussed here. Design patents protect the way an article “looks” as opposed to how an article “works” (which is provided in a utility patent). The design must be embodied in or applied to an […]
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MPEP 1400
Mon, 05 Feb 2024 23:45:46 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1400 MPEP 1400 Correction of Patents Brief Summary: A reissue application may be filed to correct an error made without any deceptive intent in the original patent. In order to qualify for reissue, the patent must be deemed wholly or partly inoperative or invalid as a result […]
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MPEP 1300
Mon, 05 Feb 2024 23:45:28 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1300 MPEP 1300 Allowance and Issue Brief Summary: Once the decision to allow an application to patent has been made by the PTO, a Notice of Allowance will be sent out to the applicant. The applicant will then have a few months to pay the issue fee. […]
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MPEP 1200
Mon, 05 Feb 2024 23:45:06 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1200 MPEP 1200 Appeal Brief Summary: An applicant may appeal to the Patent Trial and Appeal Board when he or she believes their application deserves to be allowed to patent in spite of a rejection. The circumstances for which it is appropriate to file an appeal and […]
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MPEP 1100
Mon, 05 Feb 2024 23:44:36 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1100 MPEP 1100 Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions Brief Summary: Statutory invention registration (SIR) provided inventors with a means for placing their invention in the public domain and allowing members of the public access to it. Only requests for a statutory invention […]
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MPEP 1000
Mon, 05 Feb 2024 23:44:14 +0000
Home > Patent Bar MPEP Breakdown > MPEP 1000 MPEP 1000 Matters Decided by Various U.S. Patent and Trademark Office Officials Brief Summary: An applicant dissatisfied with a decision made by the PTO may file either a petition to the Commissioner or an appeal to the Patent Trial and Appeal Board. The three rules presented […]
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MPEP 900
Mon, 05 Feb 2024 23:40:31 +0000
Home > Patent Bar MPEP Breakdown > MPEP 900 MPEP 900 Prior Art, Search, Classification, and Routing Brief Summary: This chapter gives a basic overview for patent examiners on how to conduct a prior art search. The prior art section discusses some questionable reference types and whether or not they are considered prior art. The […]
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MPEP 800
Mon, 05 Feb 2024 23:40:13 +0000
Home > Patent Bar MPEP Breakdown > MPEP 800 MPEP 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting Brief Summary: A restriction may occur when a single application claims two or more independent and distinct inventions within it. The PTO requires applicants to “restrict” their application to only one invention. In instances […]
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MPEP 700
Mon, 05 Feb 2024 23:39:50 +0000
Home > Patent Bar MPEP Breakdown > MPEP 700 MPEP 700 Examination of Applications Brief Summary: Learn about the many aspects of the examination process including; appropriate replies to a first Office action, second Office action and final rejections. Rejections are commonly made under 35 U.S.C. 101, 102 and 103. These laws are very intricate […]
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MPEP 600
Mon, 05 Feb 2024 23:39:32 +0000
Home > Patent Bar MPEP Breakdown > MPEP 600 MPEP 600 Parts, Form, and Content of Application Brief Summary: Chapter 600 explicitly describes the contents required for filing an application and gaining a filing date. Detailed descriptions and guidelines for the oath/declaration, the disclosure and the drawings are summarized. Claims are a major part of […]
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MPEP 500
Mon, 05 Feb 2024 23:39:06 +0000
Home > Patent Bar MPEP Breakdown > MPEP 500 MPEP 500 Receipt and Handling of Mail and Papers Brief Summary: There are proper methods for sending documents to the PTO in order to insure that the documents are received on time. An applicant may choose to send in a facsimile, hand deliver the document, use […]
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MPEP 400
Mon, 05 Feb 2024 23:25:48 +0000
Home > Patent Bar MPEP Breakdown > MPEP 400 MPEP 400 Representative of Applicant or Owner Brief Summary: Chapter 400 provides an overview of the individuals who are legally capable of helping an inventor file a patent application. The power of attorney and the withdrawal or revocation of the power of attorney are the focus […]
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MPEP 300
Mon, 05 Feb 2024 23:23:04 +0000
Home > Patent Bar MPEP Breakdown > MPEP 300 MPEP 300 Ownership and Assignment Brief Summary: Inventorship is always granted to the individual who invented the subject matter of the patent. However, the inventor(s) may sell or transfer the rights to the invention via an assignment. This chapter discusses several topics pertaining to assignments; including […]
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MPEP 200
Mon, 05 Feb 2024 23:20:26 +0000
Home > Patent Bar MPEP Breakdown > MPEP 200 MPEP 200 Types and Status of Application; Benefit and Priority Claims Brief Summary: Chapter 200 discusses many important topics. These include the differences between national and international applications and a general overview of the different types of applications that may be filed to the PTO. There […]
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MPEP 100
Sat, 03 Feb 2024 23:42:33 +0000
Home > Patent Bar MPEP Breakdown > MPEP 100 MPEP 100 Secrecy, Access, National Security, and Foreign Filing Brief Summary: This chapter covers the confidentiality of patent applications and patent related documents. The focus is on who may or may not access particular application types. Any patent application that contains a sensitive issue will be […]
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MPEP Q & A 294: What are the two aspects every requirement to restrict has?
Tue, 30 Jan 2024 15:43:06 +0000
Question: What are the two aspects every requirement to restrict has? Answer: Every requirement to restrict has two aspects: the reasons (as distinguished from the mere statement of conclusion) why each invention as claimedis either independent or distinct from the other(s); and the reasons why there would be a serious search and/or examination burden on […]
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Course Strategy
Fri, 19 Jan 2024 01:28:45 +0000
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Study Planner Tutorial
Fri, 19 Jan 2024 01:22:19 +0000
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Patent Training Workshop
Fri, 19 Jan 2024 01:09:02 +0000
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Guidebook Tutorial
Fri, 19 Jan 2024 00:56:57 +0000
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MPEP Chapter Rankings
Fri, 19 Jan 2024 00:52:05 +0000
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MPEP Section Frequency Charts
Fri, 19 Jan 2024 00:45:53 +0000
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37 CFR Frequency Charts
Fri, 19 Jan 2024 00:35:40 +0000
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35 USC Frequency Charts
Fri, 19 Jan 2024 00:27:21 +0000
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Workbook Quiz Tutorials
Fri, 19 Jan 2024 00:11:03 +0000
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Quiz Decks Tutorial
Thu, 18 Jan 2024 21:49:08 +0000
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PatExam Engine Tutorial
Thu, 18 Jan 2024 21:23:50 +0000
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MPEP Q & A 293: Who conducts derivation proceedings, inter partes reviews, and post-grant reviews?
Tue, 16 Jan 2024 15:42:52 +0000
Question: Who conducts derivation proceedings, inter partes reviews, and post-grant reviews? Answer: The Board is to conduct derivation proceedings, inter partes reviews, and post-grant reviews. Chapter Details: This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. This is a special supplement that at the time of […]
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MPEP Q & A 292: Two changes the Hague Agreement Article 16(1) provides
Tue, 02 Jan 2024 15:42:39 +0000
Question: List two changes the Hague Agreement Article 16(1) provides for in the International Register by the International Bureau. Answer: Hague Agreement Article 16(1) provides for the recording of certain changes in the International Register by the International Bureau, including: a change in ownership of the international registration; a change in the name or address […]
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MPEP Q & A 291: When did the derivation rules go into effect?
Tue, 19 Dec 2023 15:42:10 +0000
Question: When did the derivation rules go into effect? Answer: The derivation rules went into effect 18 months after AIA enactment (March 16, 2013). Chapter Details: This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. This is a special supplement that at the time of this […]
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MPEP Q & A 290: Use of metric system of measurements in patent applications
Tue, 05 Dec 2023 15:15:26 +0000
Question: How should measurements be given within a patent application? Answer: In order to minimize the necessity in the future for converting dimensions given in the English system of measurements to the metric system of measurements when using printed patents as research and prior art search documents, all patent applicants should use the metric (S.I.) […]
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MPEP Q & A 289: List two situations that are not considered new grounds of rejection?
Tue, 21 Nov 2023 15:15:13 +0000
Question: List two situations that are not considered new grounds of rejection? Answer: Where the statutory basis for the rejection remains the same, and the evidence relied upon in support of the rejection remains the same, a change in the discussion of, or rationale in support of, the rejection does not necessarily constitute a new […]
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MPEP Q & A 288: How may an examiner treat an amendment not fully responsive to a non-final Office action?
Tue, 07 Nov 2023 15:15:00 +0000
Question: How may an examiner treat an amendment not fully responsive to a non-final Office action? Answer: An examiner may treat an amendment not fully responsive to a non-final Office action by: (A) accepting the amendment as an adequate reply to the non-final Office action to avoid abandonment under 35 U.S.C. 133 and 37 CFR1.135; […]
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MPEP Q & A 287: When inconsistent information is given for an application data sheet, what submission will govern control?
Tue, 24 Oct 2023 14:15:47 +0000
Question: When inconsistent information is given for an application data sheet, what submission will govern control according to 37 CFR 1.76(d)(1)? Answer: 37 CFR 1.76(d)(1) provides that the most recent submission will govern (control) with respect to inconsistencies as between the information provided in an application data sheet, a designation of a correspondence address, or […]
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MPEP Q & A 286: What are the factual inquiries of obviousness enunciated by the Court?
Tue, 10 Oct 2023 14:15:33 +0000
Question: What are the factual inquiries of obviousness enunciated by the Court? Answer: Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (A) Determining the scope and content of the prior art; (B) Ascertaining the differences between the claimed invention and the prior […]
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MPEP Q & A 285: What don’t the provisions of 37 CFR 1.114 apply to?
Tue, 26 Sep 2023 14:15:19 +0000
Question: What do the provisions of 37 CFR 1.114, request for continued examination, not apply to? Answer: The provisions of 27 CFR 1.114, Request for continued examination, do not apply to: (1) A provisional application; (2) An application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995; (3) An […]
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MPEP Q & A 284: When will a provisional application be given a filing date?
Tue, 12 Sep 2023 14:15:04 +0000
Question: When will a provisional application be given a filing date? Answer: A provisional application filed on or after December 18, 2013 will be given a filing date as of the date a specification, with or without claims, is received in the Office. Chapter Details: The answer to this question can be found in chapter […]
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MPEP Q & A 283: List of special cases
Tue, 29 Aug 2023 14:15:50 +0000
Question: List at least 3 special cases (those which are advanced out of turn for examination). Answer: The following is a list of special cases (those which are advanced out of turn for examination): (A) Applications on inventions that are deemed of peculiar importance to some branch of the public service and when for that […]
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MPEP Q & A 282: Continued prosecution application practice for utility and plant applications
Tue, 15 Aug 2023 14:15:36 +0000
Question: Since CPA applications were eliminated for utility and plant applications, what should applicants who wish to continue examination of the same claimed invention after the prosecution of a utility or plant application is closed consider filing? Answer: Effective July 14, 2003, continued prosecution application (CPA) practice was eliminated as to utility and plant applications. […]
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MPEP Q & A 281: Time for reply to final rejection
Tue, 01 Aug 2023 14:15:23 +0000
Question: What is the time for reply to a final rejection? Answer: The time for reply to a final rejection is as follows: (A) All final rejections setting a 3-month shortened statutory period (SSP) for reply should contain a form paragraph advising applicant that if the first reply is filed within 2 months of the […]
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MPEP Q & A 280: When does the revocation of a filing receipt license become effective?
Tue, 18 Jul 2023 14:15:09 +0000
Question: When does the revocation of a filing receipt license become effective? Answer: The revocation becomes effective on the date on which the notice is mailed. Chapter Details: The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing. The answer is […]
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MPEP Q & A 279: Methods of paying a maintenance fee and necessary surcharges
Tue, 04 Jul 2023 14:15:56 +0000
Question: How can a maintenance fee and any necessary surcharge be made? Answer: The method of payment for the maintenance fee and any necessary surcharge shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank notes, or United States Postal Service money order as provided […]
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MPEP Q & A 278: Claiming the benefit of a provisional application
Tue, 20 Jun 2023 14:15:42 +0000
Question: What does a petition under 37 CFR 1.78(b) require? Answer: A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e)and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet); (B) the petition fee as […]
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MPEP Q & A 277: Exceptions to extensions of time
Tue, 06 Jun 2023 14:15:27 +0000
Question: 37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee up to 5 months after the end of the time period set to take action except during which circumstances? Answer: 37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee […]
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MPEP Q & A 276: Examples of exemplary rationales of a prima facie case of obviousness
Tue, 23 May 2023 14:15:14 +0000
Question: What are some examples of rationales that may support a conclusion of obviousness? Answer: Examples of rationales that may support a conclusion of obviousness include: (A) Combining prior art elements according to known methods to yield predictable results; (B) Simple substitution of one known element for another to obtain predictable results; (C) Use of […]
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MPEP Q & A 275: Receipt of drawing after the filing date
Tue, 09 May 2023 14:15:00 +0000
Question: What actions should happen if an examiner discovers new matter in a substitute or additional drawing? Answer: If the examiner discovers new matter in a substitute or additional drawing, the drawing should not be entered and the examiner should describe the new matter that resulted in non-entry in the next Office action. A new […]
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MPEP Q & A 274: Inspection of patent files by the public
Tue, 25 Apr 2023 14:32:53 +0000
Question: During what conditions would the complete file wrapper and contents of a patent application published in redacted form not be available? Answer: If an application was published in redacted form, the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of […]
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MPEP Q & A 273: Can a request for ex parte reexamination filed on or after January 16, 2018 be filed with a reduced filing fee?
Tue, 11 Apr 2023 14:15:34 +0000
Question: Can a request for ex parte reexamination filed on or after January 16, 2018 be filed with a reduced filing fee? Answer: Yes, requests for ex parte reexamination filed on or after January 16, 2018 may be filed with a reduced filing fee. This reexamination filing option was created to make it financially less burdensome for requesters […]
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MPEP Q & A 272: Limitation that the courts have found not to be enough to qualify as “significantly more” when recited in a claim with a judicial exception.
Tue, 28 Mar 2023 14:15:22 +0000
Question: Name a limitation that the courts have found not to be enough to qualify as “significantly more” when recited in a claim with a judicial exception. Answer: Limitations that the courts have found not to be enough to qualify as “significantly more” when recited in a claim with a judicial exception include: Adding the […]
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MPEP Q & A 271: What are three pieces of information each patent listed in the Official Gazette may give?
Tue, 14 Mar 2023 14:15:09 +0000
Question: What are three pieces of information each patent listed in the Official Gazette may give? Answer: As to each patent listed in the Official Gazette, the following information may be given: (A) Patent number; (B) Title of the invention; (C) Name of inventor(s), city, and state or country of residence; (D) Assignee’s name, city, […]
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MPEP Q & A 270: Once an appellant has filed a notice of appeal, what situations may that appellant request that prosecution be reopened for?
Tue, 28 Feb 2023 15:15:55 +0000
Question: Once an appellant has filed a notice of appeal, what situations may that appellant request that prosecution be reopened for? Answer: Once appellant has filed a notice of appeal, appellant also may request that prosecution be reopened for the following situations: In response to a new ground of rejection made in an examiner’s answer, […]
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MPEP Q & A 269: Two laboratory techniques the courts have recognized as well-understood, routine, conventional activities in the life science arts
Tue, 14 Feb 2023 15:15:43 +0000
Question: List two laboratory techniques the courts have recognized as well-understood, routine, conventional activities in the life science arts when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. Answer: The courts have recognized the following laboratory techniques as well-understood, routine, conventional activity in the […]
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MPEP Q & A 268: What should the examiner do?
Tue, 31 Jan 2023 15:15:57 +0000
Question: If the Board affirms a rejection against independent claim 1, reverses all rejections against dependent claim 2 and claim 3 is allowed, after expiration of the period for further appeal, what should the examiner do? Answer: If the Board affirms a rejection against independent claim 1, reverses all rejections against dependent claim 2 and […]
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Patent Bar Exam Requirements: The Definitive Guide
Sun, 29 Jan 2023 00:35:00 +0000
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MPEP Q & A 267: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing?
Tue, 17 Jan 2023 15:15:42 +0000
Question: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing? Answer: 35 U.S.C. 101 has been interpreted as imposing four purposes. First, 35 U.S.C. 101 limits an inventor to ONE patent for a claimed invention. If more than one patent is sought, a patent applicant will receive a statutory double patenting […]
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MPEP Q & A 266: Name one advantage a CPA has compared to a continuation or divisional application
Tue, 03 Jan 2023 15:15:28 +0000
Question: Name one advantage a CPA has compared to a continuation or divisional application filed under 37 CFR 1.53(b). Answer: A CPA has a number of advantages compared to a continuation or divisional application filed under 37 CFR 1.53(b). For example, the papers required to be filed in the U.S. Patent and Trademark Office in […]
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MPEP Q & A 265: What is the second part of the Alice/Mayo test often referred to as?
Tue, 20 Dec 2022 15:15:15 +0000
Question: What is the second part of the Alice/Mayo test often referred to as? Answer: The second part of the Alice/Mayo test is often referred to as a search for an inventive concept. An inventive concept “cannot be furnished by the unpatentable law of nature (or natural phenomenon or abstract idea) itself.” Genetic Techs. v. Merial LLC. Instead, an […]
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MPEP Q & A 264: How do examiners evaluate integration into a practical application?
Tue, 06 Dec 2022 15:15:03 +0000
Question: How do examiners evaluate integration into a practical application? Answer: Examiners evaluate integration into a practical application by: (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (2) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical […]
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MPEP Q & A 263: How is the markedly different characteristics analysis performed?
Tue, 22 Nov 2022 15:15:50 +0000
Question: How is the markedly different characteristics analysis performed? Answer: The markedly different characteristics analysis compares the nature-based product limitation to its naturally occurring counterpart in its natural state. Markedly different characteristics can be expressed as the product’s structure, function, and/or other properties, and are evaluated based on what is recited in the claim on […]
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MPEP Q & A 262: Give an example of a claim that does not recite mental processes because it cannot be practically performed in the human mind.
Tue, 08 Nov 2022 15:28:32 +0000
Question: Give an example of a claim that does not recite mental processes because it cannot be practically performed in the human mind. Answer: Examples of claims that do not recite mental processes because they cannot be practically performed in the human mind include: a claim to a method for calculating an absolute position of […]
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MPEP Q & A 261: What is meant by a fundamental economic practice or principle?
Tue, 25 Oct 2022 14:15:18 +0000
Question: What is meant by a fundamental economic practice or principle? Answer: The courts have used the phrases “fundamental economic practices” or “fundamental economic principles” to describe concepts relating to the economy and commerce. Fundamental economic principles or practices include hedging, insurance, and mitigating risks. The term “fundamental” is not used in the sense of […]
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MPEP Q & A 257: Can an inventor apply for a patent jointly even when they did not physically work together or at the same time?
Tue, 30 Aug 2022 14:15:24 +0000
Question: Can an inventor apply for a patent jointly even when they did not physically work together or at the same time? Answer: The inventive entity for a particular application is based on some contribution to at least one of the claims made by each of the named inventors. “Inventors may apply for a patent […]
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MPEP Q & A 256: What type of applications and proceedings may submit drawings that are not black and white line drawings via EFS-Web?
Tue, 16 Aug 2022 14:15:12 +0000
Question: What type of applications and proceedings may submit photographs, color drawings, grayscale drawings, and other drawings that are not black and white line drawings via EFS-Web? Answer: Photographs, color drawings, grayscale drawings, and other drawings that are not black and white line drawings may be submitted via EFS-Web in only the following types of […]
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MPEP Q & A 255: When do members of a Markush group share a ‘single structural similarity’?
Tue, 02 Aug 2022 14:15:59 +0000
Question: When do members of a Markush group share a ‘single structural similarity’? Answer: Members of a Markush group share a “single structural similarity” when they belong to the same recognized physical or chemical class or to the same art-recognized class (prong 1) and the members of a Markush group share a common function or […]
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MPEP Q & A 254: What must a statement under 37 CFR 1.97(e) state?
Tue, 19 Jul 2022 14:15:18 +0000
Question: What must a statement under 37 CFR 1.97(e) state? Answer: A statement under 37 CFR 1.97(e) must state either; that each item of information contained in the information disclosure statement was first cited in any communication from a foreign patent office in a counterpart foreign application not more than three months prior to the […]
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MPEP Q & A 253: What must a claim in dependent form contain?
Tue, 05 Jul 2022 14:15:05 +0000
Question: What must a claim in dependent form contain? Answer: A claim in dependent form shall contain: (i) a reference to a claim previously set forth, and (ii) then specify a further limitation of the subject matter claimed. Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This […]
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MPEP Q & A 252: When the online fee payment in EFS-Web is unavailable, what types of submissions cannot be filed via EFS-Web?
Tue, 21 Jun 2022 14:15:47 +0000
Question: When the online fee payment in EFS-Web is unavailable, what types of submissions cannot be filed via EFS-Web, since online fee payment must accompany the submission? Answer: When the online fee payment in EFS-Web is unavailable, the following types of submissions cannot be filed via EFS-Web, since online fee payment must accompany the submission: […]
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MPEP Q & A 251: Benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e)
Tue, 07 Jun 2022 14:15:29 +0000
Question: What are the benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e) rather than requesting conversion? Answer: Claiming the benefit of the provisional application under 35 U.S.C. 119(e) is less expensive and will result in a longer patent term. The procedure requires […]
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MPEP Q & A 250: What are examples of situations where ownership must be established?
Tue, 24 May 2022 14:24:15 +0000
Question: What are examples of situations where ownership must be established? Answer: Examples of situations where ownership must be established are when the assignee who is not the applicant: signs a request for status of an application or gives a power to inspect an application; appoints its own registered attorney or agent to prosecute an […]
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MPEP Q & A 249: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55?
Tue, 10 May 2022 14:08:00 +0000
Question: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55? Answer: If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim […]
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MPEP Q & A 248: What are the enumerated groupings of abstract ideas defined as?
Tue, 26 Apr 2022 14:23:34 +0000
Question: What are the enumerated groupings of abstract ideas defined as? Answer: The enumerated groupings of abstract ideas are defined as: 1) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations; 2) Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions […]
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MPEP Q & A 247: When is a protest considered timely?
Tue, 12 Apr 2022 14:23:14 +0000
Question: When is a protest considered timely? Answer: A protest is timely if (1) filed prior to the date the application was published under 37 CFR 1.211 or the date a notice of allowance was given or mailed, whichever occurs first, or (2) accompanied by written consent of the applicant and filed prior to the date a notice […]
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MPEP Q & A 246: Will the paper application file itself be available to the public for inspection?
Tue, 29 Mar 2022 14:23:00 +0000
Question: If a published patent application is pending and it is not maintained in the IFW system, will the paper application file itself be available to the public for inspection? Answer: Published applications maintained in the IFW system are available on the USPTO Web site in the public Patent Application Information Retrieval (PAIR) system. If […]
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MPEP Q & A 245: How is the effective filing date of a claimed invention determined?
Tue, 15 Mar 2022 14:16:40 +0000
Question: How is the effective filing date of a claimed invention determined? Answer: The effective filing date of a claimed invention is determined on a claim-by-claim basis. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision […]
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MPEP Q & A 244: How can correspondence filed via the Office electronic filing system be signed?
Tue, 01 Mar 2022 15:15:27 +0000
Question: How can correspondence filed via the Office electronic filing system be signed? Answer: Correspondence filed via the Office electronic filing system may be signed by a graphic representation of a handwritten signature, or a graphic representation of an S-signature. A graphic representation of a handwritten signature may be created by using a stylus pen […]
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MPEP Q & A 243: Who may sign the substitute statement for a juristic entity?
Tue, 15 Feb 2022 15:15:10 +0000
Question: Who may the substitute statement be signed by for a juristic entity? Answer: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question […]
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MPEP Q & A 242: When will an international application not need a foreign filing license?
Tue, 01 Feb 2022 15:15:53 +0000
Question: List two reasons why an international application filed with, or forwarded to, the International Bureau would not need a foreign filing license. Answer: An international application filed with, or forwarded to, the International Bureau must have a foreign filing license unless: (1) the invention was not made in the United States; or (2) a […]
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MPEP Q & A 241: Paying maintenance fee due prior to the issuance of a reissue patent
Tue, 18 Jan 2022 15:15:35 +0000
Question: If the maintenance fee is due prior to the issuance of a reissue patent, what will paying the maintenance fee maintain? Answer: If the maintenance fee is due prior to the issuance of a reissue patent, the maintenance fee must be paid in the original patent to maintain: (1) the reissue patent in force […]
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MPEP Q & A 240: What is an example of a situation that does not define ‘substantial utilities’?
Tue, 04 Jan 2022 15:15:16 +0000
Question: What is an example of a situation that does not define “substantial utilities”: Answer: The following are examples of situations that do not define “substantial utilities”: (A) Basic research such as studying the properties of the claimed product itself or the mechanisms in which the material is involved; (B) A method of treating an […]
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MPEP Q & A 239: Can a patent owner avoid double patenting by disclaiming the earlier patent?
Tue, 21 Dec 2021 15:15:58 +0000
Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double patenting by disclaiming the earlier patent.” Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restrictions in Applications Filed Under35 U.S.C. 111; Double Patenting. The […]
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MPEP Q & A 238: What are examples of laws of nature or natural phenomena?
Tue, 07 Dec 2021 15:15:30 +0000
Question: List two concepts and products the courts have identified as examples of laws of nature or natural phenomena. Answer: The courts have identified the following concepts and products as examples of laws of nature or natural phenomena: isolated DNA, Ass’n for Molecular Pathology v. Myriad Genetics, Inc.; a cloned farm animal such as a sheep, In […]
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MPEP Q & A 237: What is an example of non-limiting claims not directed to statutory categories?
Tue, 23 Nov 2021 15:15:11 +0000
Question: Name one example of non-limiting claims not directed to any of the statutory categories. Answer: Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program […]
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MPEP Q & A 236: Who is the applicant for a patent?
Tue, 09 Nov 2021 15:15:54 +0000
Question: Who is the applicant for a patent? Answer: The applicant for patent is all parties identified as the applicant under 37 CFR 1.42(a). Where the applicant is all of the joint inventors under 37 CFR 1.45, one or more of the joint inventor-applicants may be appointed to represent on behalf of all of the joint inventor-applicants. […]
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Patent Bar Exam Strategies
Thu, 04 Nov 2021 23:04:19 +0000
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Why Take the Patent Bar Exam?
Thu, 04 Nov 2021 21:57:05 +0000
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About the Patent Bar Exam
Thu, 04 Nov 2021 13:45:50 +0000
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MPEP Q & A 235: What is a mathematical relationship?
Tue, 26 Oct 2021 14:15:37 +0000
Question: What is a mathematical relationship? Answer: A mathematical relationship is a relationship between variables or numbers. A mathematical relationship may be expressed in words or using mathematical symbols. For example, pressure (p) can be described as the ratio between the magnitude of the normal force (F) and area of the surface on contact (A), […]
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Differences Between MPEP 08.2017 and MPEP 10.2019
Tue, 19 Oct 2021 14:15:47 +0000
You’ve likely already seen that the patent bar exam underwent an update after October 13, 2021 and you may be wondering what the differences are now that the exam is updated. The main change is that the tested version of the MPEP will now be the MPEP, Ninth Edition, Revision 10.2019. All the supplements are […]
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MPEP Q & A 234: How can patent applications be sent to the USPTO?
Tue, 12 Oct 2021 14:15:19 +0000
Question: How can patent applications be sent to the U.S. Patent and Trademark Office? Answer: All applications (provisional and nonprovisional) may be sent to the U.S. Patent and Trademark Office by mail using the United States Postal Service, or they may be hand-carried to the Customer Service Window in Alexandria, Virginia. Chapter Details: The answer […]
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MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees
Tue, 28 Sep 2021 14:15:01 +0000
Question: What are the application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees? Answer: Application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees are as follows: (A) For an application not claiming benefit of an earlier application, the actual […]
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Patent Bar Updates on Source Materials Starting October 13th, 2021
Tue, 21 Sep 2021 14:15:00 +0000
The USPTO is changing the source materials the patent bar exam is covering starting October 13, 2021. Our course includes the newest updates. The patent bar exam will start covering the MPEP, Ninth Edition, Revision 10.2019, Last Revised June 2020. In addition to incorporating questions from the latest revision of the MPEP, the exam also […]
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MPEP Q & A 232: Can social media websites be a source of prior art?
Tue, 14 Sep 2021 14:15:44 +0000
Question: Can social media websites like Facebook be a source of prior art? Answer: Social media websites on the Internet, such as YouTube, Twitter, Facebook, and public forum posts, can be a source of prior art, provided the public accessibility requirements are met. Not all information on social media is considered publicly accessible. Public accessibility […]
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MPEP Q & A 231: Types of papers that may be filed and processed electronically
Tue, 31 Aug 2021 14:15:23 +0000
Question: What are the types of papers that may be filed and processed electronically? Answer: Registered users may use EFS-Web to submit web-based documents such as ePetitions, Requests for Withdrawal as Attorney or Agent of Record, and eTerminal Disclaimers. EFS-Web permits registered users to file the following auto-processed ePetitions, requests, and eTerminal Disclaimers: Request for […]
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MPEP Q & A 230: What is an ‘improper Markush grouping’?
Tue, 17 Aug 2021 14:15:03 +0000
Question: When does a Markush claim contain an ‘improper Markush grouping’? Answer: A Markush claim contains an “improper Markush grouping” if either: (1) the members of the Markush group do not share a “single structural similarity” or (2) the members do not share a common use. Chapter Details: The answer to this question can be […]
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MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action?
Tue, 03 Aug 2021 14:15:44 +0000
Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) […]
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MPEP Q & A 228: Who is listed on the assignee section of a patent?
Tue, 20 Jul 2021 14:48:20 +0000
Question: Who will be listed in the assignee section of a patent? Answer: The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or for any patent that is granted. Any desired change to the designated applicant must be made […]
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How Rote Memorization Helps with the Patent Bar Exam
Tue, 13 Jul 2021 14:15:27 +0000
The patent bar exam is a challenging obstacle for anyone aspiring to be a patent attorney. According to the General Requirements Bulletin of the Office of Enrollment and Discipline (OED), the exam tests applicants’ knowledge of patent laws, rules, and procedures. Their ability to analyze them such that they can advise and assist patent applicants. […]
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MPEP Q & A 227: What are the requirements for request for a corrected publication?
Tue, 06 Jul 2021 14:13:03 +0000
Question: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. What are the requirements for request for a corrected publication? Answer: If the Office made a material mistake in […]
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How Stressful is a Career in Patent Law?
Tue, 29 Jun 2021 14:15:00 +0000
Over the years, patent law has become a lucrative career choice for many individuals looking to blend their scientific education with the law. It offers various paths, ranging from patent paralegals that review USPTO databases and resolve patent data discrepancies to patent attorneys involved in patent litigation or prosecution. But, is a career in patent […]
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MPEP Q & A 226: When is a rejection on the ground of lack of utility appropriate?
Tue, 22 Jun 2021 14:12:43 +0000
Question: When is a rejection on the ground of lack of utility appropriate? Answer: A rejection on the ground of lack of utility is appropriate when: it is not apparent why the invention is “useful” because applicant has failed to identify any specific and substantial utility and there is no well-established utility, or an assertion […]
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Essential Note-Taking Methods
Tue, 15 Jun 2021 14:15:35 +0000
Most students don’t have trouble revising what they learned in class simply because their note-taking methods were less than satisfactory. Making notes is an essential skill that one must possess to summarize what they learned in an organized and systematic fashion. Additionally, it helps to unravel critical concepts that one knew and make it easier […]
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MPEP Q & A 225: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification.
Tue, 08 Jun 2021 14:12:27 +0000
Question: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification? Answer: Reasons, why the prior art element should not be considered an equivalent to the invention disclosed in the specification, may include: teachings in the specification that the particular prior art is […]
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Transitioning From Engineering to a Career as a Patent Agent
Fri, 04 Jun 2021 14:22:11 +0000
Are you an engineer contemplating a career change? If so, you may want to consider a career in patent law, specifically, becoming a patent agent or even a patent attorney. Patent agents and patent attorneys help clients navigate the patent process, so they can acquire a patent on their invention. A glance at the salary […]
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Complete Guide to a Career as a Patent Examiner
Fri, 04 Jun 2021 14:17:58 +0000
As long as people have good ideas, the need for patent professionals will exist. The field of patent law is fast-paced. With patent law, there are choices of practice types. The landscape for technical specialists, agents, and patent attorneys has changed considerably over the last two decades. Hiring practices have also changed over the last […]
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How to Use Glassdoor to Find the Best Patent Law Firms to Work For
Fri, 04 Jun 2021 14:15:31 +0000
Whether you’re thinking about taking the patent bar exam or you just passed it and are ready to embark on your new career, it’s not always easy to find the patent law firm that will be the best match for you. One of the top resources out there is Glassdoor which has a wealth of […]
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How Old Is Too Old for Law School?
Fri, 04 Jun 2021 14:12:26 +0000
The average first-year law student is almost 26-years-old. Therefore, people in their 30’s and 40’s may think they are too old for starting a second career and going to law school, but it can still be a great choice for many. Here are some facts non-traditional students should know about law school admission. Advantages of […]
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How Hard Is Law School?
Fri, 04 Jun 2021 14:11:53 +0000
How hard is law school, really? This is the question many prospective students ask themselves before ever studying for the LSAT or ever visiting a law school campus. For some, the answer to this question may determine whether attending a law school is the right choice. For others, the question is meant to assess the […]
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Top Benefits of Taking Patent Bar Prep Through an Online Course
Fri, 04 Jun 2021 14:02:42 +0000
Becoming a lawyer is a goal that is difficult to achieve. Besides the endless hours of study in college and law school, there’s the dreaded bar exam that sends most would-be lawyers into a state of fear and loathing. If you’re seeking a career as a patent lawyer, then you still have to master the […]
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Patent Paralegal Salary Data and Comparisons
Fri, 04 Jun 2021 14:01:08 +0000
In the U.S., the average patent paralegal salary is $66,009. However, there are many factors that play a role in salaries including location. The type of work and title also affect the pay. For instance, the average salary for a Senior Paralegal is $75,127, a Trademark Paralegal $65,362, and a Legal Assistant/Paralegal $49,803. U.S. Intellectual Property […]
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4 Tips for Studying for the Patent Bar (Or Any Other Big Exam) Over Summer Vacation
Wed, 02 Jun 2021 14:02:39 +0000
While summer vacation is seen as a time to relax and unwind, the work never stops for others. It is never too early to adequately prepare for a big exam like the patent bar exam, and summer vacation presents an opportunity for you to take advantage of the time you have and commit to studying. […]
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How Hard is the Patent Bar?
Tue, 01 Jun 2021 14:15:43 +0000
Despite being an open book exam, the patent bar exam is one of the toughest in the country, with less than 50% passing since 2013. Many students put in additional hours post-course of study but still feel like they’re ill-prepared and nervous on exam day. Let’s look at why it may give students nightmares and discourage […]
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MPEP Q & A 224: What are the “Appropriate circumstances” to vacate the order granting reexamination?
Tue, 25 May 2021 14:12:10 +0000
Question: What are the “Appropriate circumstances” to vacate the order granting reexamination? Answer: “Appropriate circumstances” exist to vacate the order granting reexamination where, for example: (A) the reexamination order is facially not based on prior art patents or printed publications; (B) reexamination is prohibited under 37 CFR 1.907; (C) all claims of the patent were […]
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The Difference between Patent Engineers, Agents and Attorneys
Tue, 18 May 2021 14:20:30 +0000
Inventors often struggle to transform innovative ideas into reality to make our lives easier. At times, they may think they have created the novel machine, technique, or improvement to a previous invention, but someone may have already beaten them to it. Alternatively, their hard work pays off. They file for a patent to secure exclusive […]
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MPEP Q & A 223: What Size Non-Patent Documents Require Document Size Fees?
Tue, 11 May 2021 14:11:47 +0000
Question: Document size fees are only applicable to non-patent documents having greater than what number of pages? Answer: The document size fees are only applicable to non-patent documents having greater than 20 pages. Non-patent documents having 20 pages or less are not subject to the document size fees. Chapter Details: The answer to this question […]
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5 Study Tips for Visual Learners
Tue, 04 May 2021 14:15:24 +0000
As the name implies, a visual learner refers to those individuals who learn best when the information presented to them is in a visual form. They connect better to visual aids because seeing them provides a holistic view of the information, and usually struggle with remembering instructions if communicated verbally. If you’re struggling with your […]
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MPEP Q & A 222: What are the Three Conditions That Must be Satisfied …?
Tue, 27 Apr 2021 14:11:32 +0000
Question: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and a claimed invention, to be treated as having been owned by the same person or subject to an obligation of assignment to the same person in applying common ownership […]
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What is Intellectual Property?
Tue, 20 Apr 2021 14:36:08 +0000
Many consider Isaac Newton the father of calculus, however, what they don’t know is that this topic was heavily contested by Gottfried Leibniz, who had published papers on the topic around the same time. Each claimed that the other had stolen his work, but no conclusion came of it as Leibniz died in 1716. This […]
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MPEP Q & A 221: What are the Three Types of Patent Documents Available as Prior Art …?
Tue, 13 Apr 2021 14:11:13 +0000
Question: AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor. What are they? Answer: AIA 35 U.S.C. 102(a)(2) sets forth three types of […]
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MPEP Q & A 220: What are the Section 42.208 paragraph (c) Amendments?
Tue, 30 Mar 2021 14:10:54 +0000
Question: What was Section 42.208 paragraph (c) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.208 is amended by revising paragraph (c) to read as follows: * * * * * (c) Sufficient grounds. Post-grant review shall not be instituted […]
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MPEP Q & A 219: When may the OPAP object to and require corrected drawings within a set time period?
Tue, 16 Mar 2021 14:10:39 +0000
Question: When may the OPAP object to and require corrected drawings within a set time period? Answer: The OPAP may object to and require corrected drawings within a set time period, if the drawings: have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough […]
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MPEP Q & A 218: What is the issue of correlation about as related to matters of invitro/in vivo?
Tue, 02 Mar 2021 15:10:21 +0000
Question: What is the issue of correlation as related to matters of invitro/in vivo? Answer: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or […]
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MPEP Q & A 217: What are the Section 42.23 paragraph (b) Amendments?
Tue, 16 Feb 2021 15:09:59 +0000
Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.23 is amended by revising paragraph (b) to read as follows: 42.23 Oppositions and replies. * * * * * (b) All arguments for the […]
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MPEP Q & A 216: Time for Establishing ISR and WO of the International Search Authority
Tue, 02 Feb 2021 15:03:04 +0000
Question: What is the time limit for establishing the International Search Report and the Written Opinion of the International Searching Authority? Answer: Publication of the international application occurs at 18 months from the earliest priority date or, where there is no priority date, 18 months from the international filing date. The international search report is […]
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Getting Motivated: The Best Way to Study for the Patent Bar Exam
Tue, 26 Jan 2021 15:02:30 +0000
The patent bar exam is the biggest step in your journey to becoming a patent attorney or patent agent. In many cases, it will also be the last step you need to take to begin your career. Before taking the patent bar examination, you want to be prepared and brimming to the top with all […]
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MPEP Search Strategy for the Patent Bar Exam
Sat, 23 Jan 2021 15:58:29 +0000
You probably already realize you may use the MPEP during the Patent Bar exam. For many, that gives off the impression that the test is an open book exam you don’t really need to study for. But an attitude like that will definitely result in failure. The fact is, although you can use the MPEP, […]
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How to Study for the Patent Bar Exam
Sat, 23 Jan 2021 15:28:32 +0000
The Patent Bar is a difficult test to prepare for no matter how you’re going about it. Whether you’re studying the Manual of Patent Examining Procedure (MPEP) on your own, reviewing a home study course, or taking a live class, the sheer volume of legalese can be difficult for even the most dedicated individual. In this […]
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Crush Your Patent Practitioner Interview
Sat, 23 Jan 2021 15:27:12 +0000
When it comes to landing the perfect job, there are a few rules that hold true for any industry. Naturally, the more specialized your focus, the more work you’ll need to put into your interview prep. If you’re aiming for a position as a patent agent or patent attorney, your prospective company will expect you […]
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Patent Bar Exam Study Planners
Sat, 23 Jan 2021 15:12:46 +0000
Pass the Patent Bar on Your Terms The PES-System was created to help you pass the Patent Bar Exam in a much shorter amount of time and with less frustration than if you attempt it on your own. Save your time and concentrate your efforts on more important things like finding a job. Having a clear […]
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13 Simple Memorization Tips That’ll Help You Pass the Patent Bar Exam
Sat, 23 Jan 2021 15:02:59 +0000
Let’s face it: there’s a lot of material you’re going to have to memorize in order to pass the Patent Bar exam. Even if you cut out the extraneous material and focus on what’s most likely to be tested, you’ll soon find out there are countless dates and facts you’ve got to know cold. In […]
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MPEP Q & A 215: When Did Amendments to the Rules of Practice for Trials Before PTAB Take Effect?
Tue, 19 Jan 2021 15:03:48 +0000
Question: When did the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’ take effect? Answer: This rule is effective May 2, 2016, and applies to all AIA petitions filed on or after the effective date and to any ongoing AIA preliminary proceeding or trial before the […]
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Hunter A. Horton, Intellectual Property Attorney at Erise IP
Tue, 12 Jan 2021 15:03:08 +0000
Hunter is an Intellectual Property attorney. He clerked for two and a half years at Erise IP, P.A. during law school prior to starting full-time and is approaching the end of his third full year full-time. In total, Hunter has spent approximately five and a half years in the IP law profession. The following is his […]
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MPEP Q & A 214: What are Sufficient Grounds for Post-Grant Review?
Tue, 05 Jan 2021 15:03:33 +0000
Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what are sufficient grounds for a post-grant review? Answer: 37 CFR 42.208 (C) states that Post-grant review shall not be instituted for a ground of unpatentability unless the Board decides that the petition supporting […]
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Adam L.K. Philipp, Founding Member of Aeon Law
Tue, 29 Dec 2020 15:03:44 +0000
Adam is a Founding Member of Aeon Law, an Intellectual Property law firm. Adam has worked in the IP law profession for the last 25 years. The following is his Q & A interview. Why did you think this would be a good career for you? IP law is one of the most positive forms of […]
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MPEP Q & A 213: Can Attorney Arguments Take the Place of Evidence?
Tue, 22 Dec 2020 15:03:58 +0000
Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, commercial success, solution of a long-felt need, […]
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Clifford Thomas Brazen, Patent Attorney at Erise IP
Tue, 15 Dec 2020 15:03:39 +0000
Clifford is a Patent Attorney who has been working in the IP profession since September 2014. From September 2014 until May 2016 Clifford was working on the patent prosecution side of patent law. In May 2016, Clifford moved to his current position at Erise IP, focusing on IP litigation. The following is his Q & A […]
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MPEP Q & A 212: What is the Number of Days Before an Oral Argument for Exchange of Exhibits?
Tue, 08 Dec 2020 15:03:38 +0000
Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what is the number of days before an oral argument for the exchange of exhibits? Answer: The number of days before an oral argument for the exchange of exhibits is at least 7 days. […]
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Ted D. Karr, IP Attorney & Partner at Berkeley Law & Technology Group LLP
Tue, 01 Dec 2020 15:03:15 +0000
Ted is an IP attorney and partner at Berkeley Law & Technology Group LLP, headquartered in Portland, Oregon. He has worked in the field of intellectual property law since 2001. The following is his Q & A interview. How did you get into a career in IP law? My first job out of law school […]
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MPEP Q & A 211: When May an Abandoned Application be Used as Prior Art?
Tue, 24 Nov 2020 15:03:39 +0000
Question: When may an abandoned application be used as prior art? Answer: An abandoned patent application may become evidence of prior art only when it has been appropriately disclosed, as, for example, when the abandoned patent [application] is reference[d] in the disclosure of another patent, in a publication, or by voluntary disclosure under former Defensive […]
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Covid-19 and the Patent Bar
Tue, 17 Nov 2020 15:03:25 +0000
Covid-19 has caused enormous stress and trauma to our society and unfortunately, the strain doesn’t seem like it will end in 2020. I very much hoping that things will start to look up in 2021, but depending on when in 2021, it could still be a while. So I’d like to talk briefly about the […]
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MPEP Q & A 210: What is the Executive Summary of the Supplement ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board?
Tue, 10 Nov 2020 15:03:30 +0000
Question: What is the executive summary of the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’? Answer: This final rule amends the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM, and […]
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Patent Bar Updates on Source Materials Starting October 13, 2020
Tue, 03 Nov 2020 15:03:33 +0000
The USPTO changed the source materials of the Patent Bar exam starting October 13th, 2020. Our course includes the newest updates. Fortunately, the Patent Bar exam is still tested over the same version of the MPEP which is the Ninth Edition, Revision 08.2017 (January 2018 publication). This has been the tested version of the […]
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MPEP Q & A 209: Submission of an Oath or Declaration From a Prior Application
Tue, 27 Oct 2020 14:02:25 +0000
Question: Does a copy of an oath or declaration from a prior application need to be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012 even if the oath or declaration identifies the application number of the prior application? Answer: Yes, a copy of an […]
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How to Deal with Being Stressed When It Comes to Taking a Big Exam
Tue, 20 Oct 2020 14:02:48 +0000
Start Preparing for the Exam As Far Ahead of Time As You Can Giving yourself as much time to prepare for the exam as you can help keep your stress level at a minimum. By planning ahead, you’ll have time to find a pre-planned study schedule or set your study schedule, do plenty of practice […]
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MPEP Q & A 208: Filing a Petition to Make an Application Special Without a Fee
Tue, 13 Oct 2020 14:02:08 +0000
Question: Is it possible to file a petition to make an application special without a fee? Answer: A petition to make an application special may be filed without a fee if the basis for the petition is: (1) The applicant’s age or health; or (2) That the invention will materially: (i) Enhance the quality of […]
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How to Take Better Notes when Studying for the Patent Bar Exam
Tue, 06 Oct 2020 14:02:23 +0000
Taking notes is essential for achieving academic success, yet few people know how to do it well. Note-taking is an excellent way for any student to improve their grades. Anyone who plans on taking the patent bar exam would be well-served to master the art of taking notes. Create a Detailed Outline Note-takers have long […]
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MPEP Q & A 207: When Can a Practitioner Enter a Business Transaction with a Client
Tue, 29 Sep 2020 14:02:50 +0000
Question: When can a practitioner enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client? Answer: A practitioner shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a […]
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Should Your Resume Include an Objective Statement?
Tue, 22 Sep 2020 14:02:08 +0000
The basic resume formula hasn’t changed much over the years: it includes your work experience, your education, and your most relevant skills and accomplishments. But the objective statement, which has sat at the top of resumes for decades, might have finally gone out of style. Objective Statements Are Out Objective statements waste recruiters’ time. Most […]
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MPEP Q & A 206: Requirements for an Applicant to Rescind Nonpublication Requests
Tue, 15 Sep 2020 14:02:34 +0000
Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must: Identify the application to which it is directed; State in a conspicuous manner that the request that the application is not to be […]
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Destigmatizing Failing a Big Exam – Don’t Let Failure Cloud Your Judgment
Tue, 08 Sep 2020 14:02:41 +0000
In the United States alone, anxiety is considered the single most common mental illness. Yet while only 18 percent of the adult population suffers from anxiety, it’s estimated that a staggering 60 percent of college students deal with debilitating fear in their day to day life. Whether it’s homesickness or the pressures of academia, this […]
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MPEP Q & A 205: Meaning of Claims Limited to Species
Tue, 01 Sep 2020 14:02:16 +0000
Question: What is the meaning of claims limited to species? Answer: Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of […]
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Cool Invention: 3D Printer Patents
Tue, 25 Aug 2020 14:02:24 +0000
As 3D printing gains popularity, a debate rages about whether patent protection is beneficial for the technology. This fact matters for the industry because several patents are expiring, and companies are filing for new ones at a rapid pace. 3D Patents Are in Their Fourth Decade 3D printing technology and patents are not new. The […]
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MPEP Q & A 204: Definition of a National Application
Tue, 18 Aug 2020 14:02:57 +0000
Question: What is the definition of a national application as described in chapter 200 of the MPEP? Answer: A national application as used in this chapter means either a U.S. application for patent which was filed in the Office under 35 U.S.C. 111, an international application filed under the Patent Cooperation Treaty in which the […]
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Note-Taking Strategy to Help You Remember
Tue, 11 Aug 2020 14:02:19 +0000
When preparing for your move to patent law, it is crucial that you get the most out of your study time. But most students simply read the textbook and try to remember what they have read, which is not a very effective strategy. By most estimates, the average person forgets about 90% of what they […]
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MPEP Q & A 203: Rejections of Dependent Claims Not Specifying a Further Limitation
Tue, 04 Aug 2020 14:02:40 +0000
Question: Should a dependent claim that does not specify a further limitation of the subject matter claimed be rejected under 35 USC 112(d)? Answer: Yes, a dependent claim that does not specify a further limitation of the subject matter claimed should be rejected under 35 U.S.C. 112(d). When two claims in an application comply with […]
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Selling Yourself During A Job Interview
Tue, 28 Jul 2020 14:02:51 +0000
Going in for a job interview is always nerve-racking. While preparing and considering all the details, it can be easy to lose sight of what a job interview is: a conversation with a potential employer where you must sell yourself as the right candidate for the job. The following tips are all good advice for […]
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MPEP Q & A 202: Components of Examiner’s Answer in an Appeal
Tue, 21 Jul 2020 14:02:19 +0000
Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. A statement that every ground of rejection set forth in the Office action from which the appeal is taken (as […]
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MPEP Q & A 201: Drawings Essential Elements of Design Patent Applications
Tue, 07 Jul 2020 14:02:49 +0000
Question: Is a drawing an essential element of a design patent application? Answer: Every design patent application must include either a drawing or a photograph of the claimed design. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and […]
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6 Ways to Keep From Coming Across as Arrogant During a Job Interview
Tue, 30 Jun 2020 14:02:31 +0000
According to the Oxford dictionary, one definition of confidence is “a feeling of self-assurance arising from an appreciation of one’s abilities or qualities.” Confidence is one of the most essential qualities to have and show during a job interview. However, there is a fine line between confidence and arrogance. Arrogance is defined as “having or […]
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MPEP Q & A 200: When Drawings Are Not Considered Necessary Under 35 USC 113
Tue, 23 Jun 2020 14:02:33 +0000
Question: When is a drawing usually not considered necessary for the understanding of an invention under 35 USC 113 (first sentence)? Answer: It has been USPTO practice to treat an application that contains at least one process or method claim as an application for which a drawing is not necessary for an understanding of the […]
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5 Tips for Improving Your Grades
Tue, 16 Jun 2020 14:02:42 +0000
Struggling in school is nothing to feel bad about. It happens to millions of students. But with concerted effort, it’s possible to improve grades significantly. It All Starts With a Good Attitude Approaching studies with a positive mindset helps you overcome challenges. A poor attitude has the opposite effect, causing demotivation and results in trouble […]
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MPEP Q & A 199: The Difference Between Applicant Information, Correspondence Information, and Application Information
Tue, 09 Jun 2020 14:02:14 +0000
Question: What is the difference between applicant information, correspondence information, and application information? Answer: Applicant information includes the name, residence, mailing address, and citizenship of each applicant ( when dealing with pre-AIA 37 CFR 1.41(b)). The name of each applicant must include the family name, and at least one given name without abbreviation together with […]
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MPEP Q & A 198: Items Necessary to Accord the International Filing Date the Date of Receipt of the International Application
Tue, 26 May 2020 14:02:56 +0000
Question: What does the Office need at the time of receipt in order to accord the international filing date the date of receipt of the international application? Answer: The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that the Office has found that, at the […]
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10 Things You May Not Have Realized were Invented Between 2015 – 2020
Tue, 19 May 2020 14:02:05 +0000
The last half-decade has been a remarkable time for innovation and inventions. Consider the following breakthroughs that hit the scene from 2015 to 2020. These notable inventions are helping people improve their lives. The Levitating Lightbulb If you want a lightbulb that levitates, you can now get one thanks to Gleagle. The company has released […]
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MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?
Tue, 12 May 2020 14:02:38 +0000
Question: What must a petition for an unintentionally delayed claim be filed with? Answer: A petition for an unintentionally delayed claim must be accompanied by: (A) the reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior application (unless previously submitted); (B) a petition fee under 37 CFR 1.17(m); and (C) a […]
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Customizing Your Cover Letter Takes Time But Increases Your Chances of Standing Out
Tue, 05 May 2020 14:02:39 +0000
Tailoring your cover letter for each job you apply to adds a bit of time to the application process, but yields excellent results. Customization means personalizing the message to the recipient, which makes you stand out from your competitors. Appeal to the Person Responsible for Hiring You should customize your cover letter with the hiring […]
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MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)
Tue, 28 Apr 2020 14:02:18 +0000
Question: How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO? Answer: Petitions to withdraw an application from issue under 37 CFR 1.313(c) may be: (A) mailed to “Mail Stop Petition, Commissioner for Patents”; (B) transmitted by facsimile; (C) hand-carried to the Office of Petitions; or (D) […]
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10 Things You May Not Have Realized Were Invented Between 2010 – 2015
Tue, 21 Apr 2020 14:02:09 +0000
The years 2010 through 2015 were productive in terms of new inventions. Many of the breakthroughs are still around today, creating dramatic changes in the world. Consider the ten following inventions. Amazon Kindle Fire Amazon entered the tablet market with its Kindle Fire in 2013. The device serves up optimized content from Amazon’s vast library, […]
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MPEP Q & A 195: Necessary Items for a Petition for Retroactive License
Tue, 14 Apr 2020 14:02:57 +0000
Question: What should a petition for retroactive license include? Answer: A petition for retroactive license shall include: (1) A listing of each of the foreign countries in which the unlicensed patent application material was filed, (2) The dates on which the material was filed in each country, (3) A verified statement (oath or declaration) containing: […]
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How to Create a Good Outline from Your Notes
Tue, 07 Apr 2020 14:02:22 +0000
There’s so much information covered on the patent bar. So how do you start organizing all of it? One of the best ways to use any notes you’ve taken is to create an outline. An outline helps you condense your notes into tiny pieces of information to help you learn the material faster. But without […]
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MPEP Q & A 194: Stop the Publication of an Application
Tue, 31 Mar 2020 14:02:26 +0000
Question: Can a petition under 37 CFR 1.138(c) stop publication of an application? Answer: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in sufficient time to avoid publication. The petition will be granted when it is recognized in […]
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10 Things You May Not Have Realized Were Invented in the 2000s
Tue, 24 Mar 2020 14:02:39 +0000
The 2000s were a time of rapid advancement in the world of technology. The decade was particularly fruitful for gadgets, which spread far and wide during the era. Consider these ten leading innovations. The USB Flash Drive These portable drives made adding enormous amounts of storage as simple as snapping one into a USB port. […]
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MPEP Q & A 193: Petition to Make Special and Energy Resources
Tue, 17 Mar 2020 14:02:27 +0000
Question: Does the petition to make special apply to patent applications for inventions dealing with energy resources? Answer: The U.S. Patent and Trademark Office will, on petition, accord “special” status to all patent applications for inventions which materially contribute to: (A) the discovery or development of energy resources, or (B) the more efficient utilization and […]
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Learn Anything Faster
Tue, 10 Mar 2020 14:02:48 +0000
Preparing for exams can be tiring, stressful and frustrating, especially when it is a career-defining exam such as the patent bar exam. In such cases, it helps to have some study tips on how to learn things quicker and more effectively. Read this article to get tips for learning things faster. Sleep Well It is […]
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MPEP Q & A 192: Overcome Provisional Obviousness Rejection
Tue, 03 Mar 2020 15:02:07 +0000
Question: How can a provisional obviousness rejection be overcome? Answer: A provisional obviousness rejection can be overcome by: Arguing patentability over the earlier filed application; Combining the subject matter of the copending applications into a single application claiming benefit under 35 U.S.C. 120 of the prior applications and abandoning the copending applications Filing an affidavit […]
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Giving Up on the Patent Bar: Don’t Do It
Tue, 25 Feb 2020 15:02:18 +0000
If you’ve failed the patent bar exam or have been unsuccessful in completing your preparation for it more times than you can count, you might consider giving up altogether. All of us have faced failure in our lives multiple times. Some of these setbacks make us stronger while others demoralize and dishearten us. However, giving […]
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MPEP Q & A 191: Final Rule in the Changes to the Claim Construction Standard
Tue, 18 Feb 2020 15:02:23 +0000
Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, the Office revises the rules to provide that a patent claim, or a claim proposed in a motion to amend, shall be […]
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Improving Sleep to Help You Prepare For the Patent Bar Exam
Tue, 11 Feb 2020 15:02:08 +0000
Patent law is a branch of intellectual property rights law where new inventions, ideas, designs, devices and contraptions are registered. Getting something patented gives the inventors and creators exclusive rights to their property in terms of selling, purchasing, copyrights, distribution etc… As interesting and entertaining as the profession may sound, sitting for the patent bar […]
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MPEP Q & A 190: AIA Proceeding Expenses Under Phillips
Tue, 04 Feb 2020 15:02:51 +0000
Question: Have parties to AIA proceedings under Phillips required expanded page limits or otherwise incurred more expenses in their AIA trials than parties in AIA proceedings under BRI? Answer: PTAB has not found that parties to these AIA proceedings under Phillips require expanded page limits or otherwise incur more expense in their AIA trials than […]
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5 Easy Tips to Help Maximize Your Learning
Tue, 28 Jan 2020 15:02:05 +0000
Learning new things is both exciting as well as daunting. You may be learning things all the time, from learning how to solve a calculus equation or learning about historical events. However, most people find themselves lost when learning something new. Read this article to get some handy tips on how to learn new things […]
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MPEP Q & A 189: Issuance of NIRC Action in Inter Partes Reexamination Proceeding
Tue, 21 Jan 2020 15:02:14 +0000
Question: Name one instance when issuance of a NIRC action would be proper in an inter partes reexamination proceeding. Answer: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding: There is no timely response by the patent owner to an Office action requiring […]
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Memory Techniques to Help You Conquer the Patent Bar Exam
Tue, 14 Jan 2020 15:02:23 +0000
Preparing for the patent bar exam can be demanding, time consuming, as well as mentally and physically exhausting. It can get especially frustrating if you find you cannot memorize the content and exam material. Fortunately, there are certain memory tips that help patent bar exam candidates memorize the material better and retain it for much […]
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MPEP Q & A 188: What Should Applicant Initiated Interview Request Form Identify?
Tue, 07 Jan 2020 15:02:40 +0000
Question: What should the Applicant Initiated Interview Request form identify? Answer: The Applicant Initiated Interview Request form should identify: the participants of the interview the proposed date of the interview whether the interview will be personal, telephonic, or video conference and should include a brief description of the issues to be discussed. Chapter Details: The […]
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How to Avoid Procrastination on the Patent Bar Exam
Tue, 17 Dec 2019 15:02:27 +0000
Preparing for the patent law bar exam can be demanding, time-consuming, challenging and exhausting. Since this exam can be extremely difficult, people tend to avoid studying for it by procrastinating. Although it might not sound like a very serious problem at first, procrastination often leads prospective patent practitioners to fail the exam. Fortunately, there are […]
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MPEP Q & A 187: Two Final Rules Dealing with Claim Construction Standard
Tue, 10 Dec 2019 15:02:08 +0000
Question: What are the two final rules dealing with the claim construction standard as implemented in the supplement entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board”? Answer: In the first final rule, the Office changed the existing rules to, among other things: Increase […]
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Productivity Hacks to Help You Ace the Patent Bar Exam Quickly
Tue, 03 Dec 2019 15:02:16 +0000
Preparing for the patent bar exam can be laborious, taxing, and exhausting. Most of the candidates aiming to sit for this exam fall prey to procrastination and end up not doing very well on their exam. This article features some effective and helpful productivity tips to help you ace the patent bar exam. Turn Off […]
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MPEP Q & A 186: Name Types of Patents that May Not Use 37 C.F.R. 1.114
Tue, 26 Nov 2019 15:02:36 +0000
Question: Name two types of patents that may not use the provisions of 37 C.F.R. 1.114. Answer: The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents: design patent applications provisional applications applications filed before June 8, 1995 international applications filed before June 8, 1995 an international design application reexamination […]
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Speed-Reading: Hoax or Real?
Tue, 19 Nov 2019 15:02:19 +0000
Be it a student or a working adult, we read one thing or another everyday both consciously as well as subconsciously. Certain professionals have to read as a part of their jobs such as authors, proofreaders, publishers, and patent attorneys, etc. For regular readers, reading is not a difficult task, whereas others might struggle with […]
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MPEP Q & A 185: What Must an Application Filed Under 37 CFR 1.53(d) be Filed Before the Earliest Of?
Tue, 12 Nov 2019 15:02:55 +0000
Question: What must an application filed under 37 CFR 1.53(d) be filed before the earliest of? Answer: An application filed under 37 CFR 1.53(d) must be filed before the earliest of: (A) payment of the issue fee on the prior application, unless a petition is granted in the prior application; (B) abandonment of the prior […]
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Tips to Advance Your Career in Patent Law
Tue, 05 Nov 2019 15:02:31 +0000
Becoming a patent agent or patent attorney is difficult, time-consuming and requires a lot of hard work. Many people seem to slow down and take the job very lightly once they get started. This article discusses some very helpful ways you can do well as a patent practitioner whether agent or attorney and advance in […]
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MPEP Q & A 184: What Should a Subject Matter Eligibility Rejection Identify Under Step 2A?
Tue, 29 Oct 2019 14:02:24 +0000
Question: A subject matter eligibility rejection under Step 2 should provide an explanation for each part of the Step 2 analysis; Step 2A and Step 2B. What specifically should a rejection identify under Step 2A? Answer: For Step 2A, the rejection should identify the judicial exception by referring to what is recited (i.e., set forth or described) in […]
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Leaping in Life: Jumping into Patent Law as a Career Field
Tue, 22 Oct 2019 14:02:06 +0000
Choosing a career is a life defining moment. It requires a lot of thinking and decisiveness to ensure that you’re choosing a profession that is best for you. If you have an itch for the legal industry and are considering jumping into patent law as your career, read this article to find more about what […]
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MPEP Q & A 183: When Changes to the Claim Construction Standard Apply
Tue, 15 Oct 2019 14:03:50 +0000
Question: When will the changes to the claim construction standard as outlined in “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” apply? Answer: As shown in the supplement … The changes to the claim construction standard will apply to proceedings where a petition is filed […]
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Learning Is the Only Skill That Matters
Tue, 08 Oct 2019 14:02:21 +0000
Learning is unavoidable, we are learning all the time, every day of our lives, both consciously and subconsciously. It is an essential and crucial life skill that is necessary for anyone who wants to continuously progress in life. Learning is considered by many the only skill that truly matters since lifelong learning is a vital […]
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MPEP Q & A 182: Characteristics of Ex Parte Reexamination
Tue, 01 Oct 2019 14:02:05 +0000
Question: List one of the basic characteristics of ex parte reexamination. Answer: The basic characteristics of ex parte reexamination are as follows: Anyone can request reexamination at any time during the period of enforceability of the patent; In ex parte reexaminations, prior art considered during reexamination is limited to prior art patents or printed publications […]
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How to Get Back into Studying for the Patent Bar Exam After a Long Break
Tue, 24 Sep 2019 14:02:57 +0000
Passing the patent bar is a dream for many. It takes a lot of hard work, dedication, and commitment to prepare for this exam. It requires your blood, sweat and tears as well as often burning the midnight oil. The entire process can be daunting and distressing to the extent that some people actually give […]
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MPEP Q & A 181: Summary of Claim Construction Standard
Tue, 17 Sep 2019 14:02:30 +0000
Question: What is the executive summary of the final rule when dealing with the claim construction standard that took effect on November 13, 2018? Answer: This final rule revises the rules for IPR, PGR, and CBM proceedings that implemented provisions of the Leahy-Smith America Invents Act (‘‘AIA’’) providing for trials before the Office, by replacing […]
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Women in Science and Engineering
Wed, 11 Sep 2019 00:02:30 +0000
As in the wise words of Brigham Young “You educate a woman; you educate a generation,” it is clearly evident that women play an important part in the nurturing and development of a civilization and a nation. In order for a country to succeed, it very crucial for the women of that country to be […]
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MPEP Q & A 180: AIA 35 U.S.C. 102(b)
Tue, 03 Sep 2019 14:02:41 +0000
Question: What does AIA 35 U.S.C. 102(b) discuss? Answer: AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a). Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision 08.2017. Depending […]
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5 Tips for Finding a Fulfilling Career
Tue, 27 Aug 2019 14:02:30 +0000
What does a fulfilling career look like to you? Everyone is searching for fulfillment in life and job satisfaction. Career fulfillment is different for everyone, but we can all agree that it’s more than just a steady paycheck and the ability to live in a comfortable manner. Not all job openings are right for everyone. […]
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MPEP Q & A 179: What is the 3-Step Test for Recapture?
Tue, 20 Aug 2019 14:02:58 +0000
Question: What is the 3-step test for recapture? Answer: The three-step test for recapture is: First, we determine whether, and in what respect, the reissue claims are broader in scope than the original patent claims; Next, we determine whether the broader aspects of the reissue claims relate to subject matter surrendered in the original prosecution; […]
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Tips to Stop Procrastinating and Finally Start Studying for the Patent Bar
Tue, 13 Aug 2019 14:02:46 +0000
As anyone who has taken the Patent Bar will tell you, passing this exam is not easy and never will be. Since you likely know this and if you’ve spent any time wading through the MPEP or study material, you also know the material is dense. It’s complexity is layers deep. So it’s very easy […]
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MPEP Q & A 178: What is the Difference Between Derivation and Priority of Invention?
Tue, 06 Aug 2019 14:02:43 +0000
Question: What is the difference between derivation and priority of invention? Answer: Derivation and priority of invention both focus on inventorship. Derivation addresses originality, i.e., who invented the subject matter, whereas priority focuses on which party invented the subject matter first. Chapter Details: The answer to this question can be found in chapter 2100 of […]
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Skills to Help Manage Conflict as a Patent Practitioner
Tue, 30 Jul 2019 14:02:30 +0000
After working hard to get your new job as a patent attorney or attorney, the struggle doesn’t stop there. There is going to come a time in every employee’s life where they disagree with a co-worker. Top CEOs can’t escape it, neither can patent practitioners. When conflict arises with team members at any law firm, […]
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MPEP Q & A 177: Revealing Information Relating to the Representation of a Client When the Client has Not Given Informed Consent
Tue, 23 Jul 2019 14:02:27 +0000
Question: Can a patent practitioner ever reveal information relating to the representation of a client when the client has not given informed consent? Answer: Yes, a practitioner may reveal information relating to the representation of a client to the extent the practitioner reasonably believes necessary: (1) To prevent reasonably certain death or substantial bodily harm; […]
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Patent Practitioner Salary Negotiation Tips
Tue, 16 Jul 2019 14:02:40 +0000
Here’s what you need to know to negotiate your next salary. If you’re new to a position: Negotiate with the right mindset You never have more leverage over negotiating your salary than when a firm first hires you. Use this to your advantage and use the opportunity to negotiate your salary. Often, new patent practitioners […]
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MPEP Q & A 176: What Does a Petition Under 37 C.F.R. 1.78 Require?
Tue, 09 Jul 2019 14:02:11 +0000
Question: What does a petition under 37 C.F.R. 1.78 require? Answer: A petition under 37 CFR 1.78(b) requires: the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet); the petition fee; and a […]
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How to Increase Your Skills as a Writer
Tue, 02 Jul 2019 14:02:02 +0000
The most effective patent agents and patent attorneys appreciate how important great legal drafting is. Instead of gimmicks and tricks, they heed the fundamentals of legal writing. Legal preparation is about the recipient, not the drafter. That concept should be the starting point of all documents produced. The best advocates possess the talent of expressing […]
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MPEP Q & A 175: Concepts Related to Tracking or Organizing Information
Tue, 25 Jun 2019 14:01:56 +0000
Question: List a concept related to tracking or organizing information. Answer: Examples of concepts related to tracking or organizing information include; i. classifying and storing digital images in an organized manner ii. collecting information, analyzing it, and displaying certain results of the collection and analysis iii. encoding and decoding image data – RecogniCorp, LLC v. Nintendo […]
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Tips for Networking in Law School
Tue, 18 Jun 2019 14:02:21 +0000
As most law students know, it’s never too early to start networking and building connections as it can only help you as you advance in your career. Here are some tips to follow to make sure you get the most out of the opportunities presented to you in law school. Understand That It’s Not all […]
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MPEP Q & A 174: Submission Types that May Not be Filed Via EFS Web.
Tue, 11 Jun 2019 14:01:41 +0000
Question: List 2 submission types that may not be filed via EFS Web. Answer: The following is a list of submission types that are not permitted to be filed using EFS-Web: Plant patent applications and follow-on documents associated with plant patent applications, other than third party preissuance submissions. Requests for Reexamination for plant patents and […]
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How to Connect with Your Patent Law Clients
Tue, 04 Jun 2019 14:02:52 +0000
As patent attorneys of all law firms know, it’s vitally important to get to know your client and their intellectual property professionally. In addition a strong personal connection goes a long way toward building a foundation of trust. A good attorney-client relationship is also a very effective way of turning your client into a repeat […]
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MPEP Q & A 173: What is a Complete Nonprovisional Application Comprised of?
Tue, 28 May 2019 14:01:26 +0000
Question: What is a complete nonprovisional application comprised of? Answer: A complete nonprovisional application comprises the following: a specification, including claims, drawings, an oath or declaration, the prescribed filing fee, search fee, examination fee and application size fee Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This […]
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Why Learn About Patents if You’re a Scientist?
Tue, 21 May 2019 14:02:45 +0000
Patent Law is a specialized legal niche that involves the protection of discoveries and new inventions. Because such inventions often involve medical breakthroughs or technologies that could propel us forward from an intellectual standpoint, only intellectuals with a scientific or engineering background are eligible to sit the patent bar exam. But why would you want […]
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MPEP Q & A 172: Fees that Must be Paid Upon Filing a Request for Prioritized Examination
Tue, 14 May 2019 14:01:09 +0000
Question: Name two fees that must be paid upon filing a request for prioritized examination. Answer: Upon filing the request for prioritized examination, the following fees must be paid for the application: (1) the prioritized examination fee set forth in 37 CFR 1.17(c), (2) the processing fee set forth in 37 CFR 1.17(i)(1), (3) the […]
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Dealing with Test Anxiety on the Patent Bar Exam
Tue, 07 May 2019 14:02:56 +0000
That fear that rips through your chest when you sit down to take an exam and the inner turmoil that is rattling around in your brain is called test anxiety. You start to sweat, your hands might start to shake, and your heart will feel as if it’s pounding against your chest. Test anxiety isn’t […]
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MPEP Q & A 171: Instances Where Publication or Issue Date is Later Than the Current Date
Tue, 30 Apr 2019 14:02:52 +0000
Question: When the publication or issue date is later than the current date (i.e., the date of the request), who will that information be given to? Answer: When the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an […]
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7 Tips to Ace the Patent Bar Exam
Tue, 23 Apr 2019 14:02:49 +0000
Preparing to take the patent bar examination requires a healthy amount of dedication. As with any higher education test, developing good study habits and time management skills will really go a long way in passing the assessment. The patent bar exam is certainly no exception to this as it’s no walk in the park. Thankfully, […]
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MPEP Q & A 170: Must a Claim be Identified to a Correct Category of Subject Matter?
Tue, 16 Apr 2019 14:02:12 +0000
Question: Must a claim be identified to a correct category of subject matter? Answer: It is not necessary to identify a single category into which a claim falls, so long as it is clear that the claim falls into at least one category. It is also not necessary to identify a “correct” category into which […]
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Patent Paralegal Resume Tips
Tue, 09 Apr 2019 14:02:46 +0000
Patent attorneys represent clients who are seeking patents and all legal matters that relate to obtaining a patent. Patent law is a great area of law for paralegals. It involves doing a lot of paperwork, preparing a lot of documentation, and performing a lot of research. If you’re a paralegal and are thinking about pursuing […]
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MPEP Q & A 169: Non-Limiting Claims Not Directed to Any of the Statutory Categories.
Tue, 02 Apr 2019 14:02:56 +0000
Question: Provide an example of a non-limiting claim that is not directed to any of the statutory categories. Answer: Examples of a non-limiting claim that is not directed to any of the statutory categories include; Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) […]
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Patent Agent and Patent Attorney Salary Guide
Tue, 26 Mar 2019 14:02:54 +0000
Have you ever wondered about the difference between a patent attorney and a patent agent? And how much you can make in this lucrative field under each title? With the rise in technology, patent attorneys and agents are in demand. It takes different steps to become a patent attorney versus becoming a patent agent so […]
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MPEP Q & A 168: Competent Representation to a Client
Tue, 19 Mar 2019 14:02:40 +0000
Question: A practitioner shall provide competent representation to a client. What does competent representation to a client entail? Answer: Competent representation requires the legal, scientific, and technical knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Chapter Details: The answer to this question can be found in the following supplement: Changes to Representation of […]
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10 Things You May Not Have Realized Were Invented in the 1990’s
Tue, 12 Mar 2019 14:03:17 +0000
So much technology invented in the 1990’s was critical to the advancement of technological innovation that got us to where we are today. Smartphones, the digital camera, targeted Internet searches and the World Wide Web itself, emojis, even SnapChat and Instagram are all built on the ideas that came about in the 1990’s. Read on […]
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MPEP Q & A 167: When Must Applicants Timely File a Notice of Foreign Filing to Avoid Abandonment of a U.S. Application?
Tue, 05 Mar 2019 15:02:25 +0000
Question: Name one circumstance where applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application. Answer: Applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application if: applicant filed a nonpublication request in the U.S. application filed under 35 U.S.C. 111(a); applicant subsequently […]
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How to Become a Patent Paralegal
Tue, 26 Feb 2019 15:02:16 +0000
A patent paralegal, also often referred to as an intellectual property paralegal, is a career path you can choose to take if you’re interested in patent law, trademarks, copyrighting, and trade secrets. Patent paralegals can’t legally perform law but they are a strong asset for patent lawyers and their clients. They’re beneficial in many of […]
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MPEP Q & A 166: Further Written Opinion Established by the International Preliminary Examining Authority
Tue, 19 Feb 2019 15:02:11 +0000
Question: Name one item any further written opinion established by the International Preliminary Examining Authority should set forth. Answer: Any further written opinion established by the International Preliminary Examining Authority should set forth, as applicable: (A) Any defects in the international application concerning subject matter which is not required to be examined or which is […]
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MPEP Q & A 165: When Patent Owner Fails to File Timely Response to Any Office Action Prior to an Action Closing Prosecution (ACP)
Tue, 05 Feb 2019 15:02:57 +0000
Question: List one consequence for when the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP). Answer: If the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP), it will result in the following consequences: […]
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What You Need to Know About the Fundamentals of Engineering Exam
Tue, 29 Jan 2019 15:02:05 +0000
While this site focuses on the Patent Bar exam, there are many other professional exams that may pertain to you and advance your career. As an example, you may be eligible to take the Fundamentals of Engineering Examination or FE exam. If you’re not interested in a career in patent law, but want to continue on […]
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MPEP Q & A 164: Computer-Implemented Methods and the Tax Strategy Provision
Tue, 22 Jan 2019 15:02:40 +0000
Question: Would a computer-implemented method that is deemed novel and non-obvious be effected by the tax strategy provision even if used for a tax purpose? Answer: A computer-implemented method that is deemed novel and non-obvious would not be affected by this provision even if used for a tax purpose. For example, a novel and non-obvious […]
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3 Tips for Finding a Summer Job at a Patent Law Firm
Tue, 15 Jan 2019 15:02:43 +0000
As most first-year law students know, getting your foot in the door at a patent law firm and looking at your first real intellectual property job can feel like a daunting task. When you’re first starting out on a summer associate program, finding a job in any field can be a hard process. You have […]
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MPEP Q & A 163: What are the Most Common Basis for Filing a Reissue Application?
Tue, 08 Jan 2019 15:02:21 +0000
Question: What are the most common basis for filing a reissue application? Answer: The most common bases for filing a reissue application are: the claims are too narrow or too broad; the disclosure contains inaccuracies; applicant failed to or incorrectly claimed foreign priority; and applicant failed to make reference to or incorrectly made reference to […]
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MPEP Q & A 162: When is a 35 U.S.C. 102 Rejection with Multiple References Proper?
Fri, 21 Dec 2018 15:01:00 +0000
Question: When is a 35 U.S.C. 102 rejection with multiple references proper? Answer: A 35 U.S.C. 102 rejection over multiple references has been held to be proper when the extra references are cited to: Prove the primary reference contains an “enabled disclosure;” Explain the meaning of a term used in the primary reference; or Show […]
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USPTO’s Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes
Wed, 20 Nov 2024 21:22:58 +0000
The U.S. Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.
Understanding IP Matters: Policy Won’t Save U.S. Innovation; Respect for Property Rights Can
Wed, 20 Nov 2024 17:15:59 +0000
On this episode of Understanding IP Matters (UIPM), Professor Adam Mossoff discusses how private property rights in inventions promote a growing innovation economy and a flourishing society. As the strength of patent rights in the United States has been effectively weakened over the past decade, or so, Mossoff discusses the current state of U.S. patent law and the positive impact bills before the current Congress could have.
CAFC Says Cisco’s Bid to Dismiss Appeal Due to Settlement is Improper Use of Judicial System
Wed, 20 Nov 2024 12:15:01 +0000
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a short precedential order yesterday denying a request by Cisco Systems, Inc. and Hewlett Packard Enterprise Co. to voluntarily dismiss their appeal of a Patent Trial and Appeal Board (PTAB) ruling for K. Mizra LLC.
As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched
Tue, 19 Nov 2024 21:36:20 +0000
By now, virtually all Americans, and people around the world, are no doubt aware that Donald J. Trump has been reelected as President of the United States, making him only the second person in history who will serve non-consecutive terms. President-elect Trump has been settling on nominations for his Cabinet and more, identifying former Arkansas Governor Mike Huckabee as his nominee for Ambassador to Israel, tapping current Federal Communications Commission (FCC) Commissioner Brandon Carr to become head of the agency, and most recently, nominating Howard Lutnick for Commerce Secretary, among many others.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
Tue, 19 Nov 2024 16:15:57 +0000
Yesterday, the U.S. Supreme Court published an order list indicating it had denied a petition for writ of certiorari in Return Mail, Inc. v. United States, leaving in place lower court rulings invalidating Return Mail’s patent claims covering methods for processing undeliverable mail. While Return Mail saw a successful outcome from its first trip to the Supreme Court in 2019, this cert denial represents yet another missed opportunity to answer calls from all three branches of the U.S. federal government to clarify the abstract idea exception to patentability under 35 U.S.C. § 101.
Monetizing Streams of Revenue Backed by Intangible Assets | IPWatchdog Unleashed
Tue, 19 Nov 2024 12:15:10 +0000
During the latest episode of IPWatchdog Unleashed, I speak with Josh Harlan about monetizing various investable streams of revenue in media, sports and IP, and we also make a hard pivot to then later discuss artificial intelligence and what those looking to invest in AI should be considering. We also discuss the viability of the fair use defenses that are presently being made in the ongoing lawsuits brought by copyright owners against AI developers and the likely future marketplace for monetization of training data and AI outputs. As you will hear during our conversation, Harlan sees the possibility of some pretty big damages awards on a one-time basis for content creators and their copyright lawsuits against large AI developers, but he does not see that as an existential threat to the AI industry itself.
The New ‘China Syndrome’: Favors for CATL Can Be Stopped by President Trump
Mon, 18 Nov 2024 22:15:45 +0000
China is more relevant than ever before and should drive much of what Trump 2.0 does on patents and critical technologies such as EVs, batteries and communications, all crucial to America’s economic and national security. This op-ed follows up on my coverage of then candidate Trump in 2016, which focused on his intersection of China and patents.
The Second Circuit’s Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?
Mon, 18 Nov 2024 17:15:48 +0000
On October 23, 2024, the U.S. Court of Appeals for Second Circuit heard oral argument in Hermès Int’l et al. v. Rothschild, an appeal brought by Rothschild that challenges the jury’s February 2023 verdict and certain related legal rulings made by the U.S. District Court for the Southern District of New York. This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third parties, or both. Based on comments from the panel of judges during the October 23, 2024, oral argument, it appears that there are more questions than answers.
Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers
Mon, 18 Nov 2024 12:15:08 +0000
Two recent petitions to the U.S. Patent and Trademark Office (USPTO) for Director Review of denial of post grant review institution decisions claim that the Patent Trial and Appeal Board’s (PTAB’s) approach to reviewing plant utility claims is deterring competition in seed markets. The petitions, filed by Inari Agriculture, Inc., ask the USPTO Director to reverse two denials of institution relating to U.S. patent Nos. 11,659,803 and 11,666,020, owned by Pioneer Hi-Bred International, Inc., both covering inbred corn plants.
The Ultimate IPWatchdog Story: Renee Quinn Granted Dog Toy Design Patent
Sun, 17 Nov 2024 17:15:48 +0000
On November 5, 2024, I received an official copy of U.S. Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). I received a Notice of Allowance for my U.S. Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail. This invention was inspired by my dog, Luna, who LOVES to chase balls—especially squeaky ones.
Other Barks & Bites for Friday, November 15: Sweden Becomes First Country to File for Trademark; Open-Source Company Launches Patent Troll Bounty Program; and District Court Dismisses Patent Infringement Lawsuit Against Amazon
Fri, 15 Nov 2024 20:15:38 +0000
This week in Other Barks & Bites: the Cloud Native Computing Foundation launches a patent troll bounty program to protect the open-source computing community; the European Patent Office announces Russia Patent Requests will be denied as part of sanctions; and Sweden becomes the first country in the world to file a trademark for its name.
Issa’s TRIPS Waivers Act is Latest Effort to Preserve American IP During Pandemic
Fri, 15 Nov 2024 16:25:14 +0000
Late last week, Representative Darrell Issa (R-CA), Chair of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet, introduced H.R. 10103, the TRIPS Waivers Act, into the U.S. House of Representatives. If enacted as drafted, this bill would require that the Judiciary Committees of both houses of Congress must receive analyses of proposed modifications to international agreements that would modify the scope or enforceability of American intellectual property (IP) rights.
IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain
Thu, 14 Nov 2024 17:27:30 +0000
During a scheduled markup hearing of three key patent bills today, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) announced they would delay consideration of both the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act), respectively. However, the Inventor Diversity for Economic Advancement (IDEA) Act of 2024 moved forward to the Senate floor.
Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report
Thu, 14 Nov 2024 15:22:24 +0000
The Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing yesterday in which Register of Copyrights Shira Perlmutter told the Subcommittee members that the Office is still working to get parts two and three of its promised report on Copyright and Artificial Intelligence out by the end of this year.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate
Thu, 14 Nov 2024 14:15:58 +0000
Patterson + Sheridan, LLP is seeking technical professionals for patent preparation and prosecution with Artificial Intelligence/Machine Learning, Electrical Engineering, Computer Science, Computer Engineering, or Biomedical Engineering (with electrical engineering specialty) backgrounds. No prior legal experience is necessary.
These news come from IPWatchdog.com | Patents & Intellectual Property Law.
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