Question: What is the meaning of claims limited to species? Answer: Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and…
As 3D printing gains popularity, a debate rages about whether patent protection is beneficial for the technology. This fact matters for the industry because several patents are expiring, and companies are filing for new ones at a rapid pace. 3D…
Question: What is the definition of a national application as described in chapter 200 of the MPEP? Answer: A national application as used in this chapter means either a U.S. application for patent which was filed in the Office under…
When preparing for your move to patent law, it is crucial that you get the most out of your study time. But most students simply read the textbook and try to remember what they have read, which is not a…
Question: Should a dependent claim that does not specify a further limitation of the subject matter claimed be rejected under 35 USC 112(d)? Answer: Yes, a dependent claim that does not specify a further limitation of the subject matter claimed…
Going in for a job interview is always nerve-racking. While preparing and considering all the details, it can be easy to lose sight of what a job interview is: a conversation with a potential employer where you must sell yourself…
Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. A statement that every ground…
Question: Is a drawing an essential element of a design patent application? Answer: Every design patent application must include either a drawing or a photograph of the claimed design. As the drawing or photograph constitutes the entire visual disclosure of…
According to the Oxford dictionary, one definition of confidence is “a feeling of self-assurance arising from an appreciation of one’s abilities or qualities.” Confidence is one of the most essential qualities to have and show during a job interview. However,…
Question: When is a drawing usually not considered necessary for the understanding of an invention under 35 USC 113 (first sentence)? Answer: It has been USPTO practice to treat an application that contains at least one process or method claim…
Struggling in school is nothing to feel bad about. It happens to millions of students. But with concerted effort, it’s possible to improve grades significantly. It All Starts With a Good Attitude Approaching studies with a positive mindset helps you…
Question: What is the difference between applicant information, correspondence information, and application information? Answer: Applicant information includes the name, residence, mailing address, and citizenship of each applicant ( when dealing with pre-AIA 37 CFR 1.41(b)). The name of each applicant…
Question: What does the Office need at the time of receipt in order to accord the international filing date the date of receipt of the international application? Answer: The receiving Office shall accord as the international filing date the date…
The last half-decade has been a remarkable time for innovation and inventions. Consider the following breakthroughs that hit the scene from 2015 to 2020. These notable inventions are helping people improve their lives. The Levitating Lightbulb If you want a…
Question: What must a petition for an unintentionally delayed claim be filed with? Answer: A petition for an unintentionally delayed claim must be accompanied by: (A) the reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior…
Tailoring your cover letter for each job you apply to adds a bit of time to the application process, but yields excellent results. Customization means personalizing the message to the recipient, which makes you stand out from your competitors. Appeal…
Question: How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO? Answer: Petitions to withdraw an application from issue under 37 CFR 1.313(c) may be: (A) mailed to “Mail Stop Petition, Commissioner…
The years 2010 through 2015 were productive in terms of new inventions. Many of the breakthroughs are still around today, creating dramatic changes in the world. Consider the ten following inventions. Amazon Kindle Fire Amazon entered the tablet market with…
Question: What should a petition for retroactive license include? Answer: A petition for retroactive license shall include: (1) A listing of each of the foreign countries in which the unlicensed patent application material was filed, (2) The dates on which…
There’s so much information covered on the patent bar. So how do you start organizing all of it? One of the best ways to use any notes you’ve taken is to create an outline. An outline helps you condense your…
Question: Can a petition under 37 CFR 1.138(c) stop publication of an application? Answer: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in…
The 2000s were a time of rapid advancement in the world of technology. The decade was particularly fruitful for gadgets, which spread far and wide during the era. Consider these ten leading innovations. The USB Flash Drive These portable drives…
Question: Does the petition to make special apply to patent applications for inventions dealing with energy resources? Answer: The U.S. Patent and Trademark Office will, on petition, accord “special” status to all patent applications for inventions which materially contribute to:…
Preparing for exams can be tiring, stressful and frustrating, especially when it is a career-defining exam such as the patent bar exam. In such cases, it helps to have some study tips on how to learn things quicker and more…
Question: How can a provisional obviousness rejection be overcome? Answer: A provisional obviousness rejection can be overcome by: Arguing patentability over the earlier filed application; Combining the subject matter of the copending applications into a single application claiming benefit under…
If you’ve failed the patent bar exam or have been unsuccessful in completing your preparation for it more times than you can count, you might consider giving up altogether. All of us have faced failure in our lives multiple times.…
Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, the Office revises the rules to provide…
Patent law is a branch of intellectual property rights law where new inventions, ideas, designs, devices and contraptions are registered. Getting something patented gives the inventors and creators exclusive rights to their property in terms of selling, purchasing, copyrights, distribution…
Question: Have parties to AIA proceedings under Phillips required expanded page limits or otherwise incurred more expenses in their AIA trials than parties in AIA proceedings under BRI? Answer: PTAB has not found that parties to these AIA proceedings under…
Learning new things is both exciting as well as daunting. You may be learning things all the time, from learning how to solve a calculus equation or learning about historical events. However, most people find themselves lost when learning something…
