How to save RCE fees by properly petitioning untimely final rejections.

The Federal Circuit reversed the PTAB for an unreasonable interpretation of a “single” merchant being broad enough to refer to multiple merchants. 

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.