MPEP Q & A 161: Living Subject Matter and Patent Protection

Question: Is it true that living subject matter with markedly different characteristics from any found in nature, such as the claimed bacterium produced by genetic engineering, are excluded from patent protection by 35 U.S.C. 101? Answer: No, it is not true. For example, the Federal Circuit has indicated that “discoveries that possess ‘markedly different characteristics from […]

10 Things You May Not Have Realized Were Invented in the 1980’s

Of course, the wheel and internal-combustion engine had already been invented long ago there were as yet no super modern innovations like cell phones or whichever device is in your hand right now as you read this. But so much of the cutting edge technology we depend on today got its start back in the […]

MPEP Q & A 160: Rules for Appellant to Request to Reopen Prosecution

Question: Can an Appellant request to reopen prosecution if the examiner’s answer does not have a rejection that is designated as a new ground of rejection? Answer: No, an appellant cannot request to reopen prosecution if the examiner’s answer does not have a rejection that is designated as a new ground of rejection. Chapter Details: […]

How Continuous Learning Can Help Patent Attorneys and Agents Build Confidence

In every field, continuous learning is one of the most important ways to stay on top of constantly changing rules, regulations, and standards. This is particularly true of the patent process, which is why patent attorneys and registered patent agents must remain diligent and continue educating themselves even after passing the patent bar exam. Having […]

MPEP Q & A 159: What are the Two Criteria for Subject Matter Eligibility?

Question: What are the two criteria for subject matter eligibility? Answer: First, the claimed invention must be in one of the four statutory categories. 35 U.S.C. 101 defines the four categories of invention that Congress deemed to be the appropriate subject matter of a patent: processes, machines, manufactures and compositions of matter. Second, the claimed invention also […]

Patent Paralegal Salaries

In the U.S., the average salary for a Patent Paralegal is $52,351. However, the location has an impact on salary. The type of work done by a paralegal also affects the pay. The average salary for a Senior Paralegal is $62,000, a Trademark Paralegal $52,000, and a Legal Assistant/Paralegal $46,000. U.S. Intellectual Property Paralegals can […]

MPEP Q & A 158: Can Maintenance Fees be Paid in Cash?

Question: Can maintenance fees be paid in cash? Answer: Maintenance fees may not be paid in cash. A maintenance fee may be paid: with Treasury notes with national bank notes with post office money orders with certified checks over the internet by electronic funds transfer (EFT), credit card, or deposit account payment methods Chapter Details: […]

Classes You Will Take in an IP Law Program

If you’re interested in pursuing a degree in intellectual property law, you’re required to take and complete a variety of classes that are directly related to intellectual property law at a qualified law school. The path to this career isn’t easy and requires dedication and effort, but once you complete these requirements you’ll be involved […]

MPEP Q & A 157: Ways a Patent May be Corrected or Amended

Question: Name two ways a patent may be corrected or amended. Answer: A patent may be corrected or amended in eight ways, namely by: reissue, the issuance of a certificate of correction which becomes a part of the patent, disclaimer, reexamination, supplemental examination, inter partes review, post grant review, and covered business method review Chapter Details: […]

Why Learn About Patents if You’re an Engineer?

Engineers and law are a powerful combination. Communication skills learned in law school complement the quantitative skills developed in engineering training. Analyzing legal cases is similar to techniques used in scientific problem-solving. Patent law is a specialized legal field which involves the trademarking of new products and inventions. Because of this, lawyers and graduates of […]