Category: Uncategorized
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Examiner Reassignment
Examiner reassignment – what does it take? It seems that evidence of obscuring the prosecution history is enough.
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Dependent Claims and Structural Limitations in Method Claims
Read about some strategies for dealing with an examiner (or their supervisor or a quality specialist) that argues a structural limitation does not further limit the action of a method claim.
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Negative Limitations in Disguise: Determining Their Scope
Explicit versus implicit negative limitations – be careful, especially during examination.
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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.