MPEP Q & A 181: Summary of Claim Construction Standard

Question: What is the executive summary of the final rule when dealing with the claim construction standard that took effect on November 13, 2018? Answer: This final rule revises the rules for IPR, PGR, and CBM proceedings that implemented provisions of the Leahy-Smith America Invents Act (‘‘AIA’’) providing for trials before the Office, by replacing […]

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Women in Science and Engineering

As in the wise words of Brigham Young “You educate a woman; you educate a generation,” it is clearly evident that women play an important part in the nurturing and development of a civilization and a nation. In order for a country to succeed, it very crucial for the women of that country to be […]

MPEP Q & A 180: AIA 35 U.S.C. 102(b)

Question: What does AIA 35 U.S.C. 102(b) discuss? Answer: AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a). Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition, Revision 08.2017. Depending […]

5 Tips for Finding a Fulfilling Career

What does a fulfilling career look like to you? Everyone is searching for fulfillment in life and job satisfaction. Career fulfillment is different for everyone, but we can all agree that it’s more than just a steady paycheck and the ability to live in a comfortable manner. Not all job openings are right for everyone. […]

MPEP Q & A 179: What is the 3-Step Test for Recapture?

Question: What is the 3-step test for recapture? Answer: The three-step test for recapture is: First, we determine whether, and in what respect, the reissue claims are broader in scope than the original patent claims; Next, we determine whether the broader aspects of the reissue claims relate to subject matter surrendered in the original prosecution; […]

Tips to Stop Procrastinating and Finally Start Studying for the Patent Bar

As anyone who has taken the Patent Bar will tell you, passing this exam is not easy and never will be. Since you likely know this and if you’ve spent any time wading through the MPEP or study material, you also know the material is dense. It’s complexity is layers deep. So it’s very easy […]

MPEP Q & A 178: What is the Difference Between Derivation and Priority of Invention?

Question: What is the difference between derivation and priority of invention? Answer: Derivation and priority of invention both focus on inventorship.  Derivation addresses originality, i.e., who invented the subject matter, whereas priority focuses on which party invented the subject matter first. Chapter Details: The answer to this question can be found in chapter 2100 of […]

Skills to Help Manage Conflict as a Patent Practitioner

After working hard to get your new job as a patent attorney or attorney, the struggle doesn’t stop there. There is going to come a time in every employee’s life where they disagree with a co-worker. Top CEOs can’t escape it, neither can patent practitioners. When conflict arises with team members at any law firm, […]

MPEP Q & A 177: Revealing Information Relating to the Representation of a Client When the Client has Not Given Informed Consent

Question: Can a patent practitioner ever reveal information relating to the representation of a client when the client has not given informed consent? Answer: Yes, a practitioner may reveal information relating to the representation of a client to the extent the practitioner reasonably believes necessary: (1) To prevent reasonably certain death or substantial bodily harm; […]

Patent Practitioner Salary Negotiation Tips

Here’s what you need to know to negotiate your next salary. If you’re new to a position: Negotiate with the right mindset You never have more leverage over negotiating your salary than when a firm first hires you. Use this to your advantage and use the opportunity to negotiate your salary. Often, new patent practitioners […]