Applicant-initiated interviews represent one of the most underutilized yet highly effective mechanisms for expediting patent prosecution before the United States Patent and Trademark Office. While the traditional back-and-forth of office actions and written responses remains the default path, it is…
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What Is the Difference Between a Design Patent and a Utility Patent?
One of the most frequent questions I receive from clients and inventors is whether they should pursue a “design patent” or a “regular patent.” The question is understandable because the terminology can be confusing. In practice, what most people refer…
Three Critical Considerations When Responding to §102 Patent Office Actions
When responding to a rejection under 35 U.S.C. § 102, it is essential to proceed with a deliberate and structured strategy, as the examiner is asserting that the claimed invention is anticipated by a single prior art reference; accordingly, three…
Federal Circuit Affirms § 101 Patent Ineligibility in Information Exchange Patent Application: Key Takeaways from In re McFadden
The United States Court of Appeals for the Federal Circuit recently issued a nonprecedential decision in In re McFadden, affirming the Patent Trial and Appeal Board’s rejection of a patent application directed to an “information exchange” system. While nonprecedential, the…
Ex Parte Reexamination Core Change – Patent Owner Gets a Pre-SNQ Shot
The United States Patent and Trademark Office has implemented a significant procedural change to ex parte reexamination practice that warrants close attention from both patent owners and litigation counsel. Patent owners are now permitted to submit a “pre-order paper” addressing…
Ex Parte Reexamination Requests: What Experienced Practitioners Watch For Before Filing
Overview Ex parte reexamination is often viewed as a cost-efficient alternative to inter partes review. That is correct, but it is also where many otherwise strong validity positions fail at the threshold. The reason is straightforward: the United States Patent…
Why Your Company’s Process Should Be a Trade Secret Instead of a Patent
Businesses that spend time and money developing complex proprietary processes frequently face a strategic decision regarding how best to protect their intellectual property. The choice typically lies between seeking patent protection or maintaining innovation as a trade secret. At its…
New USPTO Guidance on Declarations
New USPTO Guidance on Subject Matter Eligibility Declarations: What Software Companies and Counsel Need to Know The United States Patent and Trademark Office (USPTO) issued new guidance clarifying how applicants may use Subject Matter Eligibility Declarations (SMEDs) under 37 C.F.R….
Lessons Learned from Amazon APEX Proceedings: Key Takeaways for Patent Owners and Sellers
Amazon’s rapid expansion as a marketplace for third-party sellers has created both opportunities and challenges in the enforcement of intellectual property rights -,particularly patent rights. To address the growing number of utility patent disputes, Amazon developed the Amazon Patent Evaluation…
SLEIGH THE COMPETITION: INTELLECTUAL PROPERTY PROTECTION FOR HOLIDAY PRODUCTS
As the holiday season approaches, consumers and collectors alike often seek out distinctive ornaments and festive décor – drawn to items that are visually striking, play music, light up, or offer a unique twist on tradition. Whether you’re designing a…