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 […]

MPEP Q & A 176: What Does a Petition Under 37 C.F.R. 1.78 Require?

Question: What does a petition under 37 C.F.R. 1.78 require? Answer: A petition under 37 CFR 1.78(b) requires: the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet); the petition fee; and a […]

How to Increase Your Skills as a Writer

The most effective patent agents and patent attorneys appreciate how important great legal drafting is. Instead of gimmicks and tricks, they heed the fundamentals of legal writing. Legal preparation is about the recipient, not the drafter. That concept should be the starting point of all documents produced. The best advocates possess the talent of expressing […]

MPEP Q & A 175: Concepts Related to Tracking or Organizing Information

Question: List a concept related to tracking or organizing information. Answer: Examples of concepts related to tracking or organizing information include; i. classifying and storing digital images in an organized manner ii. collecting information, analyzing it, and displaying certain results of the collection and analysis iii. encoding and decoding image data – RecogniCorp, LLC v. Nintendo […]

Tips for Networking in Law School

As most law students know, it’s never too early to start networking and building connections as it can only help you as you advance in your career. Here are some tips to follow to make sure you get the most out of the opportunities presented to you in law school. Understand That It’s Not all […]

MPEP Q & A 174: Submission Types that May Not be Filed Via EFS Web.

Question: List 2 submission types that may not be filed via EFS Web. Answer: The following is a list of submission types that are not permitted to be filed using EFS-Web: Plant patent applications and follow-on documents associated with plant patent applications, other than third party preissuance submissions. Requests for Reexamination for plant patents and […]

How to Connect with Your Patent Law Clients

As patent attorneys of all law firms know, it’s vitally important to get to know your client and their intellectual property professionally. In addition a strong personal connection goes a long way toward building a foundation of trust. A good attorney-client relationship is also a very effective way of turning your client into a repeat […]