National Stage US Patent Application vs. a “Continuation” PCT International 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 […]
US National Stage Patent Application Basics
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 if an Invention was Patented and the Patent has Expired?
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 Requirements are there 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 are System Patents, Process Patents, Method Patents and Product or Device Patents?
One may hear the terms “system patent”, process patent, method patent, product patent or device patent. These are not different types of patents; rather, these names refer to the subject matter that is defined in the claims of a utility patent. Therefore, if the subject matter of a utility patent pertains to a method of […]
What is Prior Art and What Does Prior Art Mean?
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 […]
How Good is a Preliminary Patent Search, What are its Limitations? What are the Limitations of a Preliminary Patent Search?
Reasons a Preliminary Patent Search is Not Exhaustive of All Patents This is referred as a preliminary search because the search, while helpful is not exhaustive. Why? The first question is what is searched. And, the answer to that is that we are searching the prior art. Prior art is the term given to information […]
Who is in Charge of Reviewing or Examining my Patent Application?
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 […]
