Secondary considerations of nonobviousness
Is your examiner repeatedly insisting that your patent application claims are obvious? One option: “reboot” your examiner by submitting at least one … Read more
Patents
Defense against unfair citation reading
In today’s “defense against the dark arts” class, we will consider obviousness, MPEP 2143.01(V), In re Gordon, and defending against unfair citation … Read more
Patent appeal process and procedures
The patent appeal process allows an applicant to bypass an examiner and request that the Patent Trials and Appeal Board (PTAB) independently … Read more
Beware the “on-sale bar”
A patent is invalid if the invention was sold more than a year before filing (on-sale bar), and the recent “Helsinn v … Read more
35 USC 287: Marking inventions
To avoid damaging your patent rights, mark your products with patent numbers. The law (named 35 USC 287) covers devices but not … Read more
Selling patents
The best way to sell patents is to create a family of commercially useful patents. These should be hard to design around … Read more