Instead, it can be effective to address them head on and show how the rejection errs, even assuming the wacky interpretation is correct.

Routine optimization rejections require that the examiner establish the general working conditions of the claimed invention are disclosed by the cited art.

In a design patent claiming a product, does prior art showing the same design, but for just a component of a product, anticipate? Read about Kim Kardashian West’s skim’s design at the PTAB and find out.

Written description issues around algorithms are complex. Read this latest post for some key drafting and prosecution tips.

See why it is so important to think through your attacks on the prior art and ensure they are consistent with your own specification and figures.

Be careful not to fall into the trap of arguing that the examiner has not followed the most obvious solution in the prior art – such an argument says nothing about less obvious, but still obvious, approaches.

Can an examiner cite a reference “solely” for a specific teaching and ignore the other parts of that reference that undercut the rejection?

Examiner statistics can be used by expert patent practitioners in many ways. However, the USPTO does not enable (refuses to enable?) easy access to such data and so the void has been filled by various business concerns. Before there was much competition, the costs of obtaining examiner data was virtually prohibitive for all but the…

How to frame the facts to boost your non-analogous art arguments before the Patent Office.

Can drawings not labeled as to scale support relative sizing amendments in the claims? Read and find out.