Sometimes disclosure of non-inventive environmental aspects of an invention can save the day in very unexpected ways.

While the recent changes to a first to file system have been applicable for several years, many pending applications still fall under pre-AIA rules where an inventor can swear behind a reference that would otherwise qualify as prior art. Swearing behind a reference, such as via a Rule 131 affidavit, generally requires that one have…

Can negative claim limitations be given no patentable weight as not further limiting the claims?

Patents enable rapid seizure of a competitor’s product at an automotive industry trade show.

More on patent eligibility from the Federal Circuit’s recent decision adding to DDR Holdings, Enfish, Bascom, and McRO. 

Can a final rejection with a new Section 101/Alice rejection be proper responsive to a narrowing amendment?

Prosecution disclaimer can be hard to prove as illustrated by a recent Federal Circuit case involving MIT.

Maintaining proper priority can be critical to a patent’s validity. Yet, a proper priority claim has certain formalist requirements that can be easily overlooked.

Some recent PTAB decisions on the possession requirement are presented to help those dealing with the USPTO’s new focus on this ground of rejection.

Beware of Examiners improperly relying on drawings as showing relative dimensions. The PTAB will look for actual evidence that the figures show scale.