Non-Final Office Action | Patent Application

What is a Non-Final Office Action? A non-final office action is a communication issued by the United States Patent and Trademark Office (USPTO) in which the Applicant must “reply and request reconsideration or further examination, with or without amendment” if the office action is adverse in any way.  (see 37 CFR 1.111 – Reply by [...]

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Office Action | Patent Application

What is an Office Action? An office action is a communication issued by the United States Patent and Trademark Office (USPTO) in relation to a patent application.  It should be noted that at least one office action is generated in nearly every patent application. Process | Prior Art Search and Substantive Review A patent examiner [...]

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Single Patent Application with Multiple Inventions

Can a single patent application be used for multiple inventions?   Non-Provisional Patent Application The rule in the United States is that one can only claim one invention within a single non-provisional patent application (and multiple patent applications cannot claim the same invention). If the USPTO determines that more than one invention is claimed in [...]

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Small Entity Status | Patent

When is One Entitled to Small Entity Status (Reduction of Various USPTO Fees by 50%)?  Small entity status entitles Applicants who satisfy specified criteria to reduced government (United States Patent and Trademark Office – USPTO) fees of 50% for various items. Requirements To qualify as a small entity, it must be determind whether the Applicant “assigned, [...]

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Provisional Rights | Patent

What are “provisional rights?” Although legal rights (authority to initiate a lawsuit) related to a patent application do not arise until a patent is issued, a Patentee may in certain instances obtain damages (a reasonable royalty) for infringement: “during the period beginning on the date of publication of the application for such patent under section [...]

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Restriction Requirement | Patent

What is a restriction requirement? A restriction requirement is issued by the United States Patent and Trademark Office (USPTO) when it determines that a patent application claims multiple independent and distinct inventions (e.g., combination and subcombination inventions) which are able to support separate patents.  Further, the statutory basis for restriction requirements is 35 USC 121. [...]

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What is a Patent

What is a Patent? (United States) A patent is a temporary property right which is granted by the United States government to “promote the Progress of Science and the Useful Arts.”   (see Article 1, Section 8, Clause 8 of the United States Constitution which provides Congress with the power “to promote the Progress of Science [...]

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Provisional Application for Patent

What is a Provisional Application for Patent (or “Provisional Patent Application”)? Provisional patent applications are most frequently utilized by Applicants who want to want to defer patent preparation/patent prosecution costs (for a maximum of a year from the provisional application for patent filing date) while exploring the commercial potential for an invention. Once a provisional patent application [...]

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Divisional Patent Application

What is a divisional patent application? A divisional application is a type of continuing application which is filed by an Applicant in response to a restriction requirement.  It should be noted that a restriction requirement is furthered by a Patent Examiner when they determine that multiple distinct and independent inventions are claimed within a patent application. [...]

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United States Patent Law | Constitution

The source of United States Patent and Copyright Law is the constitution.  More specifically, the foundation for U.S. patent and copyright law is Article I, Section 8, Clause 8 of the Constitution which states: “The Congress shall have the power . . . to promote the progress of science and the useful Arts by securing [...]

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