Category: Uncategorized
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The End of Dynamic Drinkware at the USPTO
Read the latest update about a precedential decision from the USPTO that affects the offensive use of US provisional applications.
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Crafting Effective Arguments Against an Examiner’s Interpretation of a Claim Term: A Guide for Patent Professionals
The battle over claim term interpretation is a common challenge in patent prosecution. Read about a recent case at the PTAB and see the various ways that patent professionals can better combat an improper interpretation by an examiner.
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What Separates A Good Patent Application From A Great Patent Application
Patent Drafting Tip – Even if it may seem verbose to explicitly describe detailed examples illustrating the inventive approach that seem obvious from the disclosure, failing to do so can severely limit amendment options when they are needed most during prosecution.
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Robust Software Applications and The Role of Technical Problem and Solution Disclosures
Read about how the problem-solution approach can enhance your software patent application, and see how the lack of such a strategy can lead to trouble at the PTAB.
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Claim Interpretation and Implicit Definitions in the Specification
Read about a recent PTAB case involving a baseball bat invention. The PTAB used the applicant’s specification to find an implicit definition of a claim term so as to reject the examiner’s overly broad interpretation.
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Restrictions and Non-Compliant Responses
Read the latest post about how to hunker down and push back against improper restrictions meant to tie your hands throughout prosecution.
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Patent Protection for Machine Learning Models: Can Training Get It Done?
While specifically claiming the training of machine learning models is one way to obtain patent eligible protection for machine learning inventions, it is not a silver bullet. Find out more in this post.
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Navigating Written Description Support: A Crucial Aspect in Patent Prosecution
Can a generic statement that features from different examples can be combined qualify as disclosure sufficient the claim a specific combination of features across two examples? Find out what the PTAB thinks in a recent case.
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Unexpected Results vs. Merely Different Results
Patent professionals often find themselves utilizing unexpected results as part of an argument. While unexpected results can be used as secondary considerations, the assertion that a claimed invention achieves an unforeseen outcome can sway the balance in favor of patentability even at the prima facia case. However, the subtle demarcation between “unexpected” and “different” is…
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Unpacking the Dual Impact of in re Schulhauser in Patent Prosecution
See the PTAB cite Schulhauser to require consideration of controller elements, showing that Schulhauser cuts both ways.