International Patent Application PCT or Us Patent Application

Prior to the implementation of the AIA (America Invents Act), there was a long standing debate as to whether it was better to file a National Stage US patent application, or a “continuation” of the PCT International Application, due to what was deemed prior art under 35 USC 102(e). Fast forward to today, and that […]

Effective Use of the USPTO Patent Prosecution Highway

Should my Patent Application Merge onto the Superhighway Frequently Asked Questions about the Patent Prosecution Highway What is the Patent Prosecution Highway (PPH)? It may be possible to expedite the examination process in the US by taking advantage of earlier searches and opinions on the PCT International application or the underlying Priority Application. The Patent […]

National Stage Patent Application in the United Stated

The US is one of the largest recipients of national stage entries from a PCT International Patent Application. This is due to the US being one of the largest consumers of goods and services, one of the largest manufacturers and can be a favorable jurisdiction for patent enforcement. A national stage application becomes a US […]

What Happens if a Patent Expires?

In the United States utility patents have a term of 20 years, and design patents have a term of 15 years (plant patents have a term of 20 years, however, these types of patents are quite rare). The term of a utility patent is taken from the earliest filing date. And, for design patents, the […]

What Are the Requirements for Patentability?

Limitations to Patentability In addition to being new and non-obvious, there are other limitations to patentability. For example, abstract ideas may not be eligible for patent protection. Further, certain methods of medical treatment, mathematical equations and elements of nature may not be eligible for patent protection. What are the requirements for patentability? For an invention […]

What Is Prior Art in Patent Law?

Definition of Prior Art for Patent Inventions Prior art is the term given to information (patents, periodical articles, newspaper articles, brochures, actual goods) that has been publicly disclosed prior to the filing date of the patent. It is this entire body of work that forms the backdrop of the analysis of novelty and non-obviousness of […]

Is my Invention Eligible for Patent Protection?

The Meaning of New and Non-Obvious For an invention to be patentable, it must be new and non-obvious. That is, it must have at least one feature that was not previously known or obvious in light of that which was previously known. These are the requirements that the invention is not anticipated (i.e., new) and […]

Who Is in Charge of Patent Application Review and Examination?

The Patent Process in the United States Patent applications in the United States are substantively examined by a Patent Examiner at the United States Patent and Trademark Office (USPTO). There are over 8000 patent examiners that review the applications filed with the USPTO for usefulness, novelty and non-obviousness. As to how a patent application gets […]