Author: john0ff49d7dc78
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This Bud’s For You – When prior art intermixes technical terms that the applicant considers distinct
When prior art intermixes technical terms that the applicant considers distinct, consider whether the specification provides definitions or support that outweighs the extrinsic evidence.
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Navigating the Use of Color in Utility Patent Claims
In patent prosecution, using color in utility patent claims can be a double-edged sword. It might highlight a key aspect of an invention—or get dismissed as non-functional “printed matter.” In our latest blog post, we dive into this issue, examining the printed matter doctrine and how it often impacts claims involving color.
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When Non-Prior Art References Complicate Patent Examination
Patent professionals should be skeptical of any rejection using non-prior art documents, just as they might be skeptical of an alleged Sasquatch sighting.
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Providing Claimed Function or Intended Use
The Importance of Precision in Claim Drafting: Understanding the Term “Provided”
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Responding to Oral Restriction Requirements: Strategic Considerations for Patent Practitioners
Do you know the strategic implications of responding to an election over the phone? Read this post to see how things can play out.
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Motivation to improve everything compared with improper motivation for an already solved problem
Where is the line between the skilled artisan’s general desire to make everything better and the notion that there is no motivation to add features to a reference to solve a problem the reference says it already solves?
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Controller claims in patent applications: variations and consequences
Struggling with drafting patent claims involving controllers? Find some example formats and best practices to ensure robust protection and avoid pitfalls in this latest blog post.
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Another Patent Claim Drafting Pitfall for AI Innovations
See how neural network inventions can be impacted by product-by-process claim interpretations during prosecution with an example from NVIDIA. Be knowledgeable of these issues to avoid traps for the unwary.
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Appeal Briefs and the Pitfall of Insufficient Explanation
A recent PTAB decision illustrates what can happen when you draft a short and too the point appeal brief in response to a very detailed rejection with extensive citations.
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Navigating Obviousness Rejections: Prior Art at Cross-Purposes to the Invention
Prior art at cross-purposes to the invention. Do not fall for the teaching away trap – read about another approach for combating obviousness at the USPTO.