Patents & Inventions Law & Lawyers

A patent is a right granted for any device, substance, method or process which is new, inventive and useful.

A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. This is not automatic-you must apply for a patent to obtain exclusive rights to exploit your invention.

There are two types of patents in Australia;

  • a standard patent gives long-term protection and control over an invention for up to 20 years.
  • an innovation patent is a relatively fast, inexpensive protection option, lasting a maximum of 8 years. The innovation patent replaced the petty patent on 24 May 2001.

Patents give effective protection if you have invented new technology that will lead to a product, composition or process with significant long-term commercial gain.

In return, patent applicants must share their know-how by providing a full description of how their invention works. This information becomes public and can provide the basis for further research by others.

Australian patents are administered by the Patent Office of IP Australia, a Federal Government Organisation.

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An outline of the patent system

Historical origins

Patents are the oldest form of intellectual property, but their historical origins are obscure. In England, in the fifteenth century, the monarch began to grant monopoly rights as a means of attracting new industries from continental Europe, but these were more in the nature of a royal licence to avoid the effects of guild regulations than a true grant of exclusive rights to carry on an activity.[4] It was only in the following century that patents began to be granted in respect of inventions, and the patent system was put on a statutory basis for the first time in the seventeenth century with the passage of the Statute of Monopolies 1623 (Statute of Monopolies). Despite its age, this English statute continues to have relevance to Australian patent law today.

As it first developed, the English patent was a slow, costly and cumbersome procedure for encouraging and protecting inventions. The procedure was described in derisory terms by Charles Dickens in a short story published in 1850, ‘A Poor Man’s Tale of a Patent’. Over the years there were many piecemeal reforms to the system, but it was the Patents Act 1883 (UK) that provided the basis of modern patent law.

Patent legislation in Australia has always been closely modelled on that of the United Kingdom. Prior to Federation, each of the Australian colonies had its own legislation based on the Patents Act 1883 (UK). In 1901, the Australian Constitution gave the newly established Commonwealth Parliament power to make laws with respect to ‘copyrights, patents of invention and designs, and trade marks’.In 1903, this power was exercised with the enactment of the Patents Act 1903 (Cth).

As in the United Kingdom, there have been many amendments to Australian patent legislation in response to formal commissions of inquiry. The 1903 Act was re-enacted with substantial changes in 1952 and again in 1990. The Patents Act 1990 (Cth) (Patents Act) provides the current legislative framework governing the grant and administration of patents in Australia.

See also our Intellectual Property Law & Lawyers Section by clicking here.

Functions of patents

Patent law has been described as a ‘stressful if fertile union’ between certain contradictory principles: self-interest and the common good; monopoly rights and liberty; the ownership of ideas and public disclosure of knowledge. This union results from the dual goals of patent law—to benefit society by encouraging the provision of new and useful goods, and to encourage and reward inventiveness.

These goals are achieved by providing incentives for innovation and knowledge sharing by granting monopoly rights, for a limited period, to exploit a new product or process. Monopoly rights encourage investment by providing an opportunity to recoup the financial outlays involved in developing an invention. They also reward the inventor by allowing a return to be made on the time and resources expended on research and development.

The limited duration of the monopoly means, however, that the patented invention eventually will be available for free and unrestricted use when the patent term expires: the compromise is thus ‘a way of securing future benefits for the common good’.In addition, patents promote knowledge sharing during the term of the patent by requiring the patent holder to place the details of the invention in the public domain. As one United States judge has stated:

The purpose of the patent system is not only to provide a financial incentive to create new knowledge and bring it to public benefit through new products; it also serves to add to the body of published scientific/technological knowledge. The requirement of disclosure of the details of patented inventions facilitates further knowledge and understanding of what was done by the patentee, and may lead to further technologic advance.

Exploitation of patents

A patent gives the inventor the right to stop others from exploiting the invention for a limited period. However, a patent does not grant an absolute right to exploit an invention in any way the inventor may choose. A patent holder may have to satisfy regulatory requirements in order to exploit the patented product or process; for example, a patented pharmaceutical compound may need approval under the Therapeutic Goods Act 1989 (Cth) before it can be marketed lawfully and sold as a treatment for a particular condition. Similarly, the use of a patented invention is subject to the general law; for example, the components required to manufacture a car may be the subject of many patents, but the car must still be used in accordance with motor traffic laws.

A patent holder is not obliged to exploit a patented invention, but the failure to do so may have implications for the patent holder’s rights. For example, the patent could be subjected to compulsory licensing, or it could be used or acquired by the Crown under relevant provisions of the Patents Act. A patent holder may authorise others to exploit the patent by granting a licence on agreed terms. This may be on an exclusive, sole or non-exclusive basis, and almost certainly will require the licensee to pay royalties or other fees to the patent holder.

It is important to note that while patents are a form of intellectual property, they do not confer ownership in the physical material described in the claims for a patented product or process. Thus, a patent over a genetic sequence does not amount to ownership of the sequence itself.

Criteria for patentability

Although there is considerable variance in detail from one jurisdiction to another, most countries apply similar tests for patentability: an invention must be novel (that is, new), must involve an inventive step, and must have a useful application. In addition, the description of an invention in a patent application must be sufficient to allow a person skilled in the relevant art to create the invention independently.

Briefly, the Patents Act provides that an invention will be patentable if it is a ‘manner of manufacture’ within the meaning of s 6 of the Statute of Monopolies; is novel; involves an inventive or innovative step; is useful; and has not been used secretly within Australia prior to filing the patent application.

Certain inventions are expressly excluded from patentability. Australia has relatively few express exclusions, but they include inventions involving ‘human beings, and the biological processes for their generation’, as well as inventions the use of which would be contrary to law. Other jurisdictions recognise a broader range of exceptions, including inventions involving diagnostic, therapeutic and surgical methods of treatment of humans and animals; and inventions whose commercial exploitation would be contrary to morality or public order.

Australian Patent Law

Australian patent law operates within an international legal framework, which shapes certain procedural and substantive aspects of the patent system.

Australia has enacted legislation that regulates patenting practices within the Australian ‘patent area’ with respect to inventions involving any type of technology. The procedures for obtaining a gene patent in Australia are, broadly speaking, the same as those that apply to patents claiming any other type of technology.

Patents Legislation

Section 51(xviii) of the Australian Constitution grants the Commonwealth Parliament power to make laws with respect to ‘copyrights, patents of inventions and designs, and trade marks’. Pursuant to this power, the Parliament has enacted the Patents Act 1990 (Cth) (Patents Act) and the Patents Regulations 1991 (Cth) (Patents Regulations).

Patent protection in most countries is available for inventions that are new, involve an inventive step, and have a useful application.

In Australia, the Patents Act provides that an invention is patentable if it:

  • is a ‘manner of manufacture’—that is, the invention is appropriate subject matter for patent protection;
  • is novel;
  • involves an inventive or innovative step;
  • is useful; and
  • has not been used secretly within Australia before the priority date of the patent application.


Administration

The Australian patent system is administered by the Patent Office of IP Australia. IP Australia is a division of the Department of Industry, Tourism and Resources, but operates independently and reports directly to the Minister.

Under the Patents Act, the Commissioner of Patents has the power to grant a patent upon an application being filed with and examined by the Patent Office. IP Australia has developed the Patent Manual of Practice and Procedure (the Manual) to assist Australian patent examiners in applying the Patents Act and Patents Regulations.

State and federal courts and the Administrative Appeals Tribunal (AAT) also have a role in administering the patent system. Decisions of the Commissioner of Patents may be subject to review by the AAT or the Federal Court of Australia. The AAT may undertake merits review of the Commissioner’s decisions with respect to certain procedural matters prescribed by the Patents Act. A direct application may be made to the Federal Court for judicial review in relation to other decisions of the Commissioner; essentially those related to the grant of patents or matters closely allied to the grant (for example, amendments to patent specifications and revocations).

The Federal Court and state and territory Supreme Courts share original (first instance) jurisdiction over matters relating to the exploitation and enforcement of patent rights, including challenges to patent rights, infringement proceedings and compulsory licences. The AAT has no jurisdiction in relation to such issues.

Types of patents

Australian patent law recognises two principal types of patents:

(1) standard patents and

(2) innovation patents.

An applicant for a patent may elect to obtain protection for an invention under either system. Table A below outlines the key features of, and the difference in the scope of protection conferred by, standard and innovation patents.

Standard patents

A standard patent is the basic form of patent protection for inventions under Australian law and is consistent with the minimum requirements for patent protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS Agreement). Unless otherwise indicated, references to an Australian patent and discussions of patent rights in this Report relate only to the standard patent system.

Innovation patents

The innovation patent is a ‘second tier’ of protection, which was introduced in 2001 to replace the petty patent system.  Innovation patents are intended to provide protection for ‘lower level’ inventions for which standard patent protection is not available and which are not covered by the designs legislation.

Patents of addition

The Patents Act also provides for the grant of a ‘patent of addition’ for an improvement in, or modification to, an invention claimed in a standard patent that has already been granted.[21] A patent of addition may be obtained only by the owner of the earlier patent, or a person authorised by the owner. The term of a patent of addition expires at the same time as that of the patent on the main invention.

Table A - Features of standard patents and innovation patents

Features

Standard patent

Innovation patent

 

Term

20 years (s 67)

Extension of up to 5 years   available for certain pharmaceutical patents (ss 70–79A)

8 years (s 68)

Number of claims

No   limit

Maximum of 5 claims   (s 40(2)(c))

 

Inventions excluded from   patentability, or excludable at the discretion of the Commissioner of Patents

Human beings and the biological   processes for their generation (s 18(2))

Inventions whose use would be   contrary to law (s 50(1)(a))

Inventions capable of application   as a food or medicine that are a mere admixture of known ingredients   (s 50(1)(b))

Same as for a standard patent, and

Plants and animals and the   biological processes for the generation of plants and animals (s 18(3),   (4))

Level of invention required

‘Inventive step’ over the prior   art (s 7(2)–(3), sch 1)

‘Innovative step’ over the prior   art (s 7(4)–(6), sch 1)

Review by Patent Office prior to   grant

Substantive review for compliance   with the requirements for patentability (ss 44–49)

Formalities check only; no   substantive review unless requested (ss 52, 120(1A))

If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

Procedure for grant of a patent

Patent rights do not arise automatically. A patent can be obtained only by following the procedure set out in the Patents Act and Patents Regulations. An understanding of the procedure for obtaining a patent is important to understanding Australian patent law generally. The steps in obtaining an Australian patent are described below.

Filing an application

For a patent to be granted, an eligible person must file an application in the form prescribed by the Patent Office. Eligible persons are the inventor of the invention claimed in the application, or a person to whom the inventor has assigned his or her rights in the invention. A patent application must include a specification of the invention, which contains instructions adequate to enable a skilled person in the relevant area of technology to produce or perform the invention. The specification must also indicate the ‘claims’ that define the invention; that is, the scope of protection that the applicant is seeking.

Australian patent law recognises two types of patent applications—provisional and complete. Provisional and complete applications may be filed to obtain either a standard patent or an innovation patent.

A provisional application need only contain a description of the invention. Often, an inventor files a provisional application before all the details of an invention are known. The applicant then has 12 months to file a complete application.

A complete application must contain a full description of the invention, together with claims, and an abstract summarising the invention being disclosed. A complete application may be based on one or more provisional applications, and only those claims that are ‘fairly based’ on the relevant provisional application will be entitled to the priority date of the provisional application.

The ‘priority date’ of a patent claim is important in determining whether the requirements for patentability of an invention have been met. The requirements of novelty and inventive step are assessed against the prior art as it existed before the priority date. The priority date is typically the date on which a provisional application is filed in Australia, or the date on which an application is filed in another participating jurisdiction.

An applicant may also elect to file a complete application with the Patent Office under the Patent Cooperation Treaty (PCT). A PCT application designates all the jurisdictions that are parties to the PCT (including Australia), and secures an international priority date.

PCT applications that have entered the national phase (and will be processed as a complete application) are the main type of applications received by IP Australia. In 2002–03, 16,278 PCT applications selected Australia as one of the jurisdictions in which an applicant wished to obtain patent protection and entered the national phase in Australia. During the same period, 5,694 non-PCT applications for standard patents were filed with IP Australia.

Divisional applications

Each patent application may claim protection only for a single invention. If, following assessment of a patent application, a patent examiner finds that an applicant has claimed more than one invention in the application, the applicant may elect to file a ‘divisional application’—that is, a new application divided from the original or parent application. A divisional application allows an applicant to continue to benefit from the priority date of the original application.

Divisional applications may claim subject matter not contained in the original application so long as all the features of at least one of the claims were disclosed in the original application. There are no statutory limits on the number of divisional applications that may arise from a single complete application.

The Patents Act restricts the subject matter that may be claimed in a divisional application, depending on the time at which it is filed. However, a divisional application, once filed, is subject to the same procedural requirements, including examination, as any other complete patent application.

In its submissions to the Inquiry, IP Australia indicated that divisional applications are currently ‘open to abuse’. In practice, such abuse may occur only in a small number of cases. However, IP Australia suggested that patent applicants are able to make strategic use of divisional applications in order to delay determinations by the Patent Office as to the proper scope of patent claims, or as to whether a patent should be granted. IP Australia commented that the Patents Act allows an applicant to use a divisional application to obtain a de facto monopoly by extending the period within which to respond to an examiner’s adverse report. While this use of divisional applications may be legitimate in some circumstances, IP Australia suggested that it might be used tactically by an applicant in ‘newly developing areas of technology, such as genetics, where there is a question of [the] patentability of the subject matter’. Further, an applicant might avoid a decision in an opposition proceeding by withdrawing the opposed application and refiling it as a divisional application. To address these issues, IP Australia suggested that limitations could be imposed on the circumstances in which divisional applications are available.

However, the majority of submissions and consultations on this issue did not support imposing additional limitations either on the period within which a divisional application may be filed or on the subject matter that may be claimed in a divisional application. Submissions and consultations questioned whether divisional applications are being misused, and commented on the lack of evidence that divisional applications claiming genetic inventions present a special case.

Examination

Once an application has been filed with the Patent Office, a number of additional steps must be followed before a patent may be issued. An applicant must file a request that the Patent Office examine the application. Examination is not automatic and a request for examination must generally be filed within five years of the date of filing a complete specification. However, IP Australia’s standard practice is to direct applicants to file a request for examination, if no request has been received, at approximately 32 months from the priority date, although this period may vary according to IP Australia’s workload. An abbreviated examination may be requested if an Australian patent application is related to a patent that has already been granted by the patent office in a prescribed foreign jurisdiction.

The purpose of examination is to determine whether the invention meets the statutory requirements for patentability set out in the Patents Act. The Patent Office carries out searches of previously published documents—including scientific and patent literature (‘prior art information’)—to determine the prior art material relevant to the claimed invention. In addition, an applicant must disclose to the Patent Office the results of searches carried out by or on behalf of foreign patent offices in respect of the invention claimed in an Australian application, or in a corresponding patent application filed overseas. An examiner with expertise in the relevant area of technology then examines the application, taking into account the information contained in the results of these searches and any other prior art information.

Examination of a patent application typically involves an exchange between the examiner and the applicant about the appropriate scope of the specification and the claims in light of the relevant prior art. This process is known as ‘prosecution’ of a patent application.

Following receipt of a request for examination, an examiner will make an initial assessment of an application for a standard patent and either accept the application as filed or issue a ‘first report’ detailing the procedural and substantive grounds for objecting to the application. An applicant then has a period of 21 months to address the objections raised by the examiner. The examiner may issue further reports for each response by the applicant that does not satisfy the objections raised. An application for a standard patent will generally lapse if it is not in order for acceptance within 21 months after the date of the first report.

Acceptance, publication and sealing

The Commissioner of Patents must notify an applicant of the decision to accept or refuse a patent application, and must publish notice of the decision in the Official Journal of Patents (Official Journal). Formal refusal of an application is rare. More commonly, applications for standard patents lapse for failure to obtain acceptance within the prescribed 21 month period following a first report. The Official Journal also publishes notices of lapsed applications.
Publication of a notice of acceptance in the Official Journal should be distinguished from the publication of a complete specification for a standard patent. This typically occurs 18 months after the earliest priority date for the application, and is also advertised in the Official Journal. An application is confidential prior to publication of the complete specification, and only bibliographic details—such as the applicant’s name and title of the invention—are made available by the Patent Office.

A patent is granted when the Commissioner of Patents causes the patent to be sealed with the seal of the Patent Office. For a standard patent, this will occur within six months of the date of publication in the Official Journal of the notice of acceptance of the application, unless the application is opposed.

If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

International legal instruments

Australia is a party to a number of international legal instruments relating to intellectual property. The major international instruments that affect patent laws and practices in Australia are:

  • Paris Convention for the Protection of Industrial Property 1883 (Paris Convention);
  • Patent Cooperation Treaty 1970 (PCT);
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977 (Budapest Treaty); and
  • Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS Agreement).

Australian domestic law has given effect to significant provisions of each of these instruments.

See also our Intellectual Property Law & Lawyers Section by clicking here.

 

Links to further resources - Patents & Inventions Law & Lawyers

 

Patents & Inventions Law & Lawyers News

Rights of a patent holder

The Patents Act provides that the grant of a patent confers upon a patent holder the exclusive right to exploit, or to authorise another person to exploit, an invention during the patent term. ‘Exploit’ is defined in the Act to include:

(a) where the invention is a product—make, hire, sell or otherwise dispose of the product, offer to make, sell, hire, or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or

(b) where the invention is a method or process—use the method or process or do any act mentioned in (a) in respect of a product resulting from such use.

A patent does not, however, grant an absolute right to exploit an invention. A patent holder may have to satisfy other legal requirements in order to exploit the patented product or process. For example, a patented pharmaceutical compound may need to be approved under the Therapeutic Goods Act 1989 (Cth) before it can lawfully be marketed and sold as a treatment for a particular condition. In addition, a patent holder’s ability to exploit the invention may be subject to earlier patents not owned by the patent holder.

A patent holder may assign or license its patent rights to a third party. An assignment of a patent results in the transfer of all of the rights owned by the patent holder to a third party (the assignee).

A licence of a patent does not transfer ownership of any patent rights; rather, it establishes terms upon which a third party (the licensee) may exercise certain patent rights without such use constituting infringement.

A patent holder is not obliged to exploit an invention claimed in a patent at any time during the patent term, nor to license or assign its patent rights.

However, the failure to exploit the invention may encourage others to invoke the Crown use or compulsory licensing provisions in the Patents Act.

Patent rights remain subject to challenge even after the Commissioner of Patents accepts a patent application and after the patent is sealed. Section 20 of the Patents Act expressly states that nothing in the Act or in the PCT guarantees that a patent is valid.

Duration of patent protection

A standard patent generally has a term of 20 years, commencing on the date of the patent; an innovation patent has a term of 8 years. The term of a standard patent relating to ‘pharmaceutical substances’ may be extended in certain circumstances.

Art 33 of the TRIPS Agreement requires member States to provide patent protection for a term of not less than 20 years from the filing date. Article 27(1) requires member States to make patent protection available for all inventions, without discrimination as to the field of technology to which an invention relates. The Patents Act was amended in 1994 to extend the term of protection for a standard patent from 16 years to 20 years in order to bring Australian patent law into conformity with the TRIPS Agreement.

While the TRIPS Agreement provides some flexibility to member States in developing their own patent laws, the minimum term of patent protection is not subject to exceptions or qualifications. The TRIPS Agreement does, however, permit member States to require compliance with reasonable procedures and formalities as a condition of the acquisition or maintenance of intellectual property rights. Such procedures and formalities include the payment of fees for the filing and processing of a patent application, and for maintaining existing patent rights.

In addition, the Australia–United States Free Trade Agreement contains a provision that might affect the term of patent. Article 17.9.8 provides that, if there are unreasonable delays in a Party’s issuance of patents, that Party shall provide a means to adjust the term of the patent to compensate for the delay. If, in the future, there is evidence of unreasonable delay in the grant of Australian patents it may be necessary to amend the Patents Act to provide an extension of the patent term.

If you have a matter involving a Patent or invention, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

See also our Intellectual Property Law & Lawyers Section by clicking here.

Patents & Inventions Law & Lawyers Updates

MPEP Q & A 253: What must a claim in dependent form contain?

Tue, 05 Jul 2022 14:15:05 +0000

Question: What must a claim in dependent form contain? Answer: A claim in dependent form shall contain: (i) a reference to a claim previously set forth, and (ii) then specify a further limitation of the subject matter claimed. Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer…

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MPEP Q & A 252: When the online fee payment in EFS-Web is unavailable, what types of submissions cannot be filed via EFS-Web?

Tue, 21 Jun 2022 14:15:47 +0000

Question: When the online fee payment in EFS-Web is unavailable, what types of submissions cannot be filed via EFS-Web, since online fee payment must accompany the submission? Answer: When the online fee payment in EFS-Web is unavailable, the following types of submissions cannot be filed via EFS-Web, since online fee payment must accompany the submission: (1) Petitions that require a fee for auto-processing by EFS-Web; (2) Pre-grant publication submissions that require a fee; (3) Third-party preissuance submissions that require a fee; and (4) Web-based Issue Fee Payment. Chapter Details: The answer to this question can be found in chapter 500 of the…

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MPEP Q & A 251: Benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e)

Tue, 07 Jun 2022 14:15:29 +0000

Question: What are the benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e) rather than requesting conversion? Answer: Claiming the benefit of the provisional application under 35 U.S.C. 119(e) is less expensive and will result in a longer patent term. The procedure requires the filing of a request in the provisional application for the conversion of the provisional application to a nonprovisional application and the required fee. Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form,…

The post MPEP Q & A 251: Benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e) appeared first on Patent Education Series.

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MPEP Q & A 250: What are examples of situations where ownership must be established?

Tue, 24 May 2022 14:24:15 +0000

Question: What are examples of situations where ownership must be established? Answer: Examples of situations where ownership must be established are when the assignee who is not the applicant: signs a request for status of an application or gives a power to inspect an application; appoints its own registered attorney or agent to prosecute an application; signs a disclaimer; consents to the filing of a reissue application; or signs a Fee Transmittal. Effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner. Chapter Details: The answer to this question can be found in…

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MPEP Q & A 249: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55?

Tue, 10 May 2022 14:08:00 +0000

Question: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55? Answer: If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority. In addition, a petition to accept an unintentionally delayed claim for foreign priority is necessary to correct any error in a foreign priority claim if the correction is sought after expiration of the time period set forth in 37 CFR 1.55. Chapter Details: The…

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MPEP Q & A 248: What are the enumerated groupings of abstract ideas defined as?

Tue, 26 Apr 2022 14:23:34 +0000

Question: What are the enumerated groupings of abstract ideas defined as? Answer: The enumerated groupings of abstract ideas are defined as: 1) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations; 2) Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and 3) Mental processes – concepts performed in the…

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MPEP Q & A 247: When is a protest considered timely?

Tue, 12 Apr 2022 14:23:14 +0000

Question: When is a protest considered timely? Answer: A protest is timely if (1) filed prior to the date the application was published under 37 CFR 1.211 or the date a notice of allowance was given or mailed, whichever occurs first, or (2) accompanied by written consent of the applicant and filed prior to the date a notice of allowance was given or mailed in the application. Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b) time period for submitting a protest in a…

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MPEP Q & A 246: Will the paper application file itself be available to the public for inspection?

Tue, 29 Mar 2022 14:23:00 +0000

Question: If a published patent application is pending and it is not maintained in the IFW system, will the paper application file itself be available to the public for inspection? Answer: Published applications maintained in the IFW system are available on the USPTO Web site in the public Patent Application Information Retrieval (PAIR) system. If the published patent application is pending and it is not maintained in the IFW system, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained. If the published patent application is abandoned,…

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MPEP Q & A 245: How is the effective filing date of a claimed invention determined?

Tue, 15 Mar 2022 14:16:40 +0000

Question: How is the effective filing date of a claimed invention determined? Answer: The effective filing date of a claimed invention is determined on a claim-by-claim basis. 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 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer come from section 2133.01 of the MPEP.  The following is a brief summary of section 2133.01.…

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MPEP Q & A 244: How can correspondence filed via the Office electronic filing system be signed?

Tue, 01 Mar 2022 15:15:27 +0000

Question: How can correspondence filed via the Office electronic filing system be signed? Answer: Correspondence filed via the Office electronic filing system may be signed by a graphic representation of a handwritten signature, or a graphic representation of an S-signature. A graphic representation of a handwritten signature may be created by using a stylus pen and/or touch-pad and that all correspondence, except for a notice of appeal filed in the Office must include a signature. Chapter Details: The answer to this question can be found in chapter 500 of the MPEP. This chapter covers the Receipt and Handling of Mail…

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MPEP Q & A 243: Who may sign the substitute statement for a juristic entity?

Tue, 15 Feb 2022 15:15:10 +0000

Question: Who may the substitute statement be signed by for a juristic entity? Answer: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Chapter Details: For a juristic entity, the substitute statement may be signed by: a person in the organization having apparent authority to sign on behalf of the organization (e.g., an officer), or…

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MPEP Q & A 242: When will an international application not need a foreign filing license?

Tue, 01 Feb 2022 15:15:53 +0000

Question: List two reasons why an international application filed with, or forwarded to, the International Bureau would not need a foreign filing license. Answer: An international application filed with, or forwarded to, the International Bureau must have a foreign filing license unless: (1) the invention was not made in the United States; or (2) a U.S. national application on the invention was filed at least six months prior to the filing of the international application, the U.S. national application is not subject to a secrecy order, and the international application does not contain modifications, amendments, or supplements changing the general…

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MPEP Q & A 241: Paying maintenance fee due prior to the issuance of a reissue patent

Tue, 18 Jan 2022 15:15:35 +0000

Question: If the maintenance fee is due prior to the issuance of a reissue patent, what will paying the maintenance fee maintain? Answer: If the maintenance fee is due prior to the issuance of a reissue patent, the maintenance fee must be paid in the original patent to maintain: (1) the reissue patent in force beyond the end of the applicable grace period and (2) the pendency of any applications for reissue of the original patent. Chapter Details: The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers Correction of Patents. The answer is…

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MPEP Q & A 240: What is an example of a situation that does not define ‘substantial utilities’?

Tue, 04 Jan 2022 15:15:16 +0000

Question: What is an example of a situation that does not define “substantial utilities”: Answer: The following are examples of situations that do not define “substantial utilities”: (A) Basic research such as studying the properties of the claimed product itself or the mechanisms in which the material is involved; (B) A method of treating an unspecified disease or condition; (C) A method of assaying for or identifying a material that itself has no specific and/or substantial utility; (D) A method of making a material that itself has no specific, substantial, and credible utility; and (E) A claim to an intermediate…

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MPEP Q & A 239: Can a patent owner avoid double patenting by disclaiming the earlier patent?

Tue, 21 Dec 2021 15:15:58 +0000

Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double patenting by disclaiming the earlier patent.” Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restrictions in Applications Filed Under35 U.S.C. 111; Double Patenting. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer comes from section 804.02 of the MPEP.  The following…

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MPEP Q & A 238: What are examples of laws of nature or natural phenomena?

Tue, 07 Dec 2021 15:15:30 +0000

Question: List two concepts and products the courts have identified as examples of laws of nature or natural phenomena. Answer: The courts have identified the following concepts and products as examples of laws of nature or natural phenomena: isolated DNA, Ass’n for Molecular Pathology v. Myriad Genetics, Inc.; a cloned farm animal such as a sheep, In re Roslin Institute (Edinburgh); a correlation between variations in non-coding regions of DNA and allele presence in coding regions of DNA, Genetic Techs. Ltd. v. Merial LLC; a correlation that is the consequence of how a certain compound is metabolized by the body, Mayo Collaborative Servs. v.…

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MPEP Q & A 237: What is an example of non-limiting claims not directed to statutory categories?

Tue, 23 Nov 2021 15:15:11 +0000

Question: Name one example of non-limiting claims not directed to any of the statutory categories. Answer: Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations; Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave; and Subject matter that…

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MPEP Q & A 236: Who is the applicant for a patent?

Tue, 09 Nov 2021 15:15:54 +0000

Question: Who is the applicant for a patent? Answer: The applicant for patent is all parties identified as the applicant under 37 CFR 1.42(a). Where the applicant is all of the joint inventors under 37 CFR 1.45, one or more of the joint inventor-applicants may be appointed to represent on behalf of all of the joint inventor-applicants. The power of attorney must be signed by parties identified as the applicant in order to be effective. Chapter Details: The answer to this question can be found in chapter 400 of the MPEP. This chapter covers the Representative of the Applicant or Owner. The…

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Patent Bar Exam Requirements: The Definitive Guide

Thu, 04 Nov 2021 23:35:21 +0000

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Patent Bar Exam Strategies

Thu, 04 Nov 2021 23:04:19 +0000

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Why Take the Patent Bar Exam?

Thu, 04 Nov 2021 21:57:05 +0000

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About the Patent Bar Exam

Thu, 04 Nov 2021 13:45:50 +0000

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MPEP Q & A 235: What is a mathematical relationship?

Tue, 26 Oct 2021 14:15:37 +0000

Question: What is a mathematical relationship? Answer: A mathematical relationship is a relationship between variables or numbers. A mathematical relationship may be expressed in words or using mathematical symbols. For example, pressure (p) can be described as the ratio between the magnitude of the normal force (F) and area of the surface on contact (A), or it can be set forth in the form of an equation such as p = F/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…

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Differences Between MPEP 08.2017 and MPEP 10.2019

Tue, 19 Oct 2021 14:15:47 +0000

You’ve likely already seen that the patent bar exam underwent an update after October 13, 2021 and you may be wondering what the differences are now that the exam is updated. The main change is that the tested version of the MPEP will now be the MPEP, Ninth Edition, Revision 10.2019. All the supplements are the same, only the revision of the MPEP has changed. The MPEP is updated about once every year or two years so it’s something that happens all the time (at least from our viewpoint, since we’ve been offering patent bar study materials for the last…

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MPEP Q & A 234: How can patent applications be sent to the USPTO?

Tue, 12 Oct 2021 14:15:19 +0000

Question: How can patent applications be sent to the U.S. Patent and Trademark Office? Answer: All applications (provisional and nonprovisional) may be sent to the U.S. Patent and Trademark Office by mail using the United States Postal Service, or they may be hand-carried to the Customer Service Window in Alexandria, Virginia. Chapter Details: The answer to this question can be found in chapter 500 of the MPEP. This chapter covers the Receipt and Handling of Mail and Papers. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or…

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MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees

Tue, 28 Sep 2021 14:15:01 +0000

Question: What are the application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees? Answer: Application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees are as follows: (A) For an application not claiming benefit of an earlier application, the actual United States filing date of the application. (B) For an application claiming benefit of an earlier foreign application, the actual United States filing date of the application. (C) For a continuing (continuation, division, continuation-in-part) application claiming the benefit of a prior patent application, the actual…

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Patent Bar Updates on Source Materials Starting October 13th, 2021

Tue, 21 Sep 2021 14:15:00 +0000

The USPTO is changing the source materials the patent bar exam is covering starting October 13, 2021. Our course includes the newest updates. The patent bar exam will start covering the MPEP, Ninth Edition, Revision 10.2019, Last Revised June 2020. In addition to incorporating questions from the latest revision of the MPEP, the exam also covers the following supplements: Inter Partes, Post Grant, and Covered Business Method Review Final Rules Derivation Proceeding Final Rules Changes to Representation of Others Before the USPTO Final Rules Implementation of the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs with Participating Offices Changes…

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MPEP Q & A 232: Can social media websites be a source of prior art?

Tue, 14 Sep 2021 14:15:44 +0000

Question: Can social media websites like Facebook be a source of prior art? Answer: Social media websites on the Internet, such as YouTube, Twitter, Facebook, and public forum posts, can be a source of prior art, provided the public accessibility requirements are met. Not all information on social media is considered publicly accessible. Public accessibility is determined on a case-by-case basis taking into consideration factors such as, where the information is posted, privacy restrictions placed on the posting, the length of time it was posted, and whether the information is indexed for searching. Chapter Details: The answer to this question…

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MPEP Q & A 231: Types of papers that may be filed and processed electronically

Tue, 31 Aug 2021 14:15:23 +0000

Question: What are the types of papers that may be filed and processed electronically? Answer: Registered users may use EFS-Web to submit web-based documents such as ePetitions, Requests for Withdrawal as Attorney or Agent of Record, and eTerminal Disclaimers. EFS-Web permits registered users to file the following auto-processed ePetitions, requests, and eTerminal Disclaimers: Request for withdrawal as attorney or agent; Petition to withdraw an application from issue, with some restrictions; Petition for revival of an application, with some restrictions; eTerminal Disclaimers for nonprovisional utility applications; and Petition to correct assignee after payment of Issue Fee. Chapter Details: The answer to…

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MPEP Q & A 230: What is an ‘improper Markush grouping’?

Tue, 17 Aug 2021 14:15:03 +0000

Question: When does a Markush claim contain an ‘improper Markush grouping’? Answer: A Markush claim contains an “improper Markush grouping” if either: (1) the members of the Markush group do not share a “single structural similarity” or (2) the members do not share a common use. 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 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This…

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MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action?

Tue, 03 Aug 2021 14:15:44 +0000

Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new application: (1) are either identical to or patentably indistinct from the claims in the earlier application (in other words, restriction would not have been proper if the new or amended claims had been entered in the earlier application), and (2) would…

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MPEP Q & A 228: Who is listed on the assignee section of a patent?

Tue, 20 Jul 2021 14:48:20 +0000

Question: Who will be listed in the assignee section of a patent? Answer: The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or for any patent that is granted. Any desired change to the designated applicant must be made in accordance with 37 CFR 1.46 no later than issue fee payment. Chapter Details: The answer to this question can be found in chapter 300 of the MPEP. This chapter covers Ownership and Assignment. The answer is from the 9th Edition, Revision 10.2019. Depending on future changes…

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How Rote Memorization Helps with the Patent Bar Exam

Tue, 13 Jul 2021 14:15:27 +0000

The patent bar exam is a challenging obstacle for anyone aspiring to be a patent attorney. According to the General Requirements Bulletin of the Office of Enrollment and Discipline (OED), the exam tests applicants’ knowledge of patent laws, rules, and procedures. Their ability to analyze them such that they can advise and assist patent applicants. Therefore, an applicant must possess knowledge of the USPTO rules of practice under the Manual of Patent Examination Procedure (MPEP) and other published USPTO policies and procedures. Considering the extent of information an applicant needs to grasp, many have to resort to rote memorization to…

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MPEP Q & A 227: What are the requirements for request for a corrected publication?

Tue, 06 Jul 2021 14:13:03 +0000

Question: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. What are the requirements for request for a corrected publication? Answer: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. The request for a corrected publication must: be filed within two months from the date of the patent…

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How Stressful is a Career in Patent Law?

Tue, 29 Jun 2021 14:15:00 +0000

Over the years, patent law has become a lucrative career choice for many individuals looking to blend their scientific education with the law. It offers various paths, ranging from patent paralegals that review USPTO databases and resolve patent data discrepancies to patent attorneys involved in patent litigation or prosecution. But, is a career in patent law worth the effort, and is it low stress? The Journey This is perhaps the most stress-inducing and challenging part of a career in patent law, but that is true for any job in the field of law. They all require time, energy, and dedication…

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MPEP Q & A 226: When is a rejection on the ground of lack of utility appropriate?

Tue, 22 Jun 2021 14:12:43 +0000

Question: When is a rejection on the ground of lack of utility appropriate? Answer: A rejection on the ground of lack of utility is appropriate when: it is not apparent why the invention is “useful” because applicant has failed to identify any specific and substantial utility and there is no well-established utility, or an assertion of specific and substantial utility for the invention is not credible. Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications. The answer is from the 9th Edition, Revision 08.2017. Depending on future…

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Essential Note-Taking Methods

Tue, 15 Jun 2021 14:15:35 +0000

Most students don’t have trouble revising what they learned in class simply because their note-taking methods were less than satisfactory. Making notes is an essential skill that one must possess to summarize what they learned in an organized and systematic fashion. Additionally, it helps to unravel critical concepts that one knew and make it easier for them to revise them later. Professionals can also benefit from an effective note-taking method, especially in meetings or interviews. As we will learn, there’s more to it than just writing down whatever you hear. Cornell method This method is all about format and structure.…

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MPEP Q & A 225: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification.

Tue, 08 Jun 2021 14:12:27 +0000

Question: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification? Answer: Reasons, why the prior art element should not be considered an equivalent to the invention disclosed in the specification, may include: teachings in the specification that the particular prior art is not equivalent teachings in the prior art reference itself that may tend to show nonequivalence 37 CFR 1.132 affidavit evidence of facts tending to show nonequivalence. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers…

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Transitioning From Engineering to a Career as a Patent Agent

Fri, 04 Jun 2021 14:22:11 +0000

Are you an engineer contemplating a career change? If so, you may want to consider a career in patent law, specifically, becoming a patent agent or even a patent attorney. Patent agents and patent attorneys help clients navigate the patent process, so they can acquire a patent on their invention. A glance at the salary data reveals that a career as a patent agent, which does not require a law degree, pays more than jobs in most engineering fields. The median salary for a patent agent is right around $100K, while the median mechanical engineering salary is $71K. Obviously, that’s…

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Complete Guide to a Career as a Patent Examiner

Fri, 04 Jun 2021 14:17:58 +0000

As long as people have good ideas, the need for patent professionals will exist. The field of patent law is fast-paced. With patent law, there are choices of practice types. The landscape for technical specialists, agents, and patent attorneys has changed considerably over the last two decades. Hiring practices have also changed over the last decade or so. The job market, across the board, is excellent. Law firms need people who are experts in computer software, chemical processes, electronics, and biological/bioengineering. Opportunities are available for scientists from any discipline. It is commonplace for employers to hire Ph.D.’s in biotech patent…

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How to Use Glassdoor to Find the Best Patent Law Firms to Work For

Fri, 04 Jun 2021 14:15:31 +0000

Whether you’re thinking about taking the patent bar exam or you just passed it and are ready to embark on your new career, it’s not always easy to find the patent law firm that will be the best match for you. One of the top resources out there is Glassdoor which has a wealth of information that can help you figure out the places you want to work along with any you want to avoid. Not familiar with Glassdoor? Here’s a quick introduction about how to use it to find the right firm. What Should You Expect When Working as…

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How Old Is Too Old for Law School?

Fri, 04 Jun 2021 14:12:26 +0000

The average first-year law student is almost 26-years-old. Therefore, people in their 30’s and 40’s may think they are too old for starting a second career and going to law school, but it can still be a great choice for many. Here are some facts non-traditional students should know about law school admission. Advantages of Attending Law School Later in Life Law schools look closely at LSAT scores and GPA’s in student applications. However, relevant experience carries a certain amount of weight with admission committees. Older students bring transferable skills to both the law school and the profession. Those who…

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How Hard Is Law School?

Fri, 04 Jun 2021 14:11:53 +0000

How hard is law school, really? This is the question many prospective students ask themselves before ever studying for the LSAT or ever visiting a law school campus. For some, the answer to this question may determine whether attending a law school is the right choice. For others, the question is meant to assess the amount of study and work needed to achieve good grades that will lead to a successful legal career. Perhaps the simplest answer to this question, despite being surface level in nature, is revealed by a look at the available data. What the Data Says (And…

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Top Benefits of Taking Patent Bar Prep Through an Online Course

Fri, 04 Jun 2021 14:02:42 +0000

Becoming a lawyer is a goal that is difficult to achieve. Besides the endless hours of study in college and law school, there’s the dreaded bar exam that sends most would-be lawyers into a state of fear and loathing. If you’re seeking a career as a patent lawyer, then you still have to master the Examination for Registration to Practice in Patent Cases or Patent Bar Exam (or patent bar) before your new job as a patent law attorney can begin. Take an Online Patent Bar Review Course Before Testing Whether you’re a scientist or engineer looking to become a…

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Patent Paralegal Salary Data and Comparisons

Fri, 04 Jun 2021 14:01:08 +0000

In the U.S., the average patent paralegal salary is $66,009. However, there are many factors that play a role in salaries including location. The type of work and title also affect the pay. For instance, the average salary for a Senior Paralegal is $75,127, a Trademark Paralegal $65,362, and a Legal Assistant/Paralegal $49,803. U.S. Intellectual Property Paralegals can expect a salary of $68,988 per year. The typical base salary ranges from $49,000 to $94,000, but it can go even higher. Many can also earn bonuses and even take part in profit-sharing opportunities which can add another $8,000 per year on the high…

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Salary Ranges for Patent Agents and Patent Attorneys

Fri, 04 Jun 2021 10:32:19 +0000

Everyone wants to know how much they’ll be making as a patent agent or attorney, but unfortunately, it’s a difficult question to answer. That’s because your salary will vary due to a number of outside factors. We’ve put together a list of the factors that will help determine your exact salary along with research of the top salary sites online. We’ve compiled all the data here for your convenience. Salary.com Salary.com has an in depth salary scale for patent attorneys where they’ve broken down the salaries and their ranges by number of years experience. As you can see in the…

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4 Tips for Studying for the Patent Bar (Or Any Other Big Exam) Over Summer Vacation

Wed, 02 Jun 2021 14:02:39 +0000

While summer vacation is seen as a time to relax and unwind, the work never stops for others. It is never too early to adequately prepare for a big exam like the patent bar exam, and summer vacation presents an opportunity for you to take advantage of the time you have and commit to studying. Here are five essential tips to take to heart when you are preparing for your exam. Make a Personal Schedule To maximize your chances of success in your studies, the best thing you can do is to be organized. An effective way to go about…

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How Hard is the Patent Bar?

Tue, 01 Jun 2021 14:15:43 +0000

Despite being an open book exam, the patent bar exam is one of the toughest in the country, with less than 50% passing since 2013. Many students put in additional hours post-course of study but still feel like they’re ill-prepared and nervous on exam day. Let’s look at why it may give students nightmares and discourage them from applying. Requirements An applicant to the patent bar must show the Office of Enrollment and Discipline (OED) that they possess the necessary scientific and technical training to help patent applicants. You can be eligible for the patent bar if you fall under one…

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MPEP Q & A 224: What are the “Appropriate circumstances” to vacate the order granting reexamination?

Tue, 25 May 2021 14:12:10 +0000

Question: What are the “Appropriate circumstances” to vacate the order granting reexamination? Answer: “Appropriate circumstances” exist to vacate the order granting reexamination where, for example: (A) the reexamination order is facially not based on prior art patents or printed publications; (B) reexamination is prohibited under 37 CFR 1.907; (C) all claims of the patent were held to be invalid by a final decision of a federal court after all appeals; (D) reexamination was ordered for the wrong patent; or (E) reexamination was ordered based on a duplicate copy of the request. Chapter Details: The answer to this question can be…

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The Difference between Patent Engineers, Agents and Attorneys

Tue, 18 May 2021 14:20:30 +0000

Inventors often struggle to transform innovative ideas into reality to make our lives easier. At times, they may think they have created the novel machine, technique, or improvement to a previous invention, but someone may have already beaten them to it. Alternatively, their hard work pays off. They file for a patent to secure exclusive rights to their concept or design, but lack of experience and knowledge may lead to clerical errors and deprive them of any. Patents are one of the trickiest intellectual property cases and need correct handling to prevent future infringements. It is best to work with…

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MPEP Q & A 223: What Size Non-Patent Documents Require Document Size Fees?

Tue, 11 May 2021 14:11:47 +0000

Question: Document size fees are only applicable to non-patent documents having greater than what number of pages? Answer: The document size fees are only applicable to non-patent documents having greater than 20 pages. Non-patent documents having 20 pages or less are not subject to the document size fees. Chapter Details: The answer to this question can be found in chapter 2800 of the MPEP. This chapter covers Supplemental Examination. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.…

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5 Study Tips for Visual Learners

Tue, 04 May 2021 14:15:24 +0000

As the name implies, a visual learner refers to those individuals who learn best when the information presented to them is in a visual form. They connect better to visual aids because seeing them provides a holistic view of the information, and usually struggle with remembering instructions if communicated verbally. If you’re struggling with your studies, chances are you might be a visual learner. Let’s look at some tips on how you can improve your educational experience, study better, and not get distracted. Watch Videos Videos are a great way to learn if you’re a visual learner, and these days,…

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MPEP Q & A 222: What are the Three Conditions That Must be Satisfied …?

Tue, 27 Apr 2021 14:11:32 +0000

Question: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and a claimed invention, to be treated as having been owned by the same person or subject to an obligation of assignment to the same person in applying common ownership provisions of AIA 35 U.S.C. 102(b)(2)(C) in the context of a joint research agreement. What are these three conditions? Answer: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and…

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What is Intellectual Property?

Tue, 20 Apr 2021 14:36:08 +0000

Many consider Isaac Newton the father of calculus, however, what they don’t know is that this topic was heavily contested by Gottfried Leibniz, who had published papers on the topic around the same time. Each claimed that the other had stolen his work, but no conclusion came of it as Leibniz died in 1716. This is one example of an intellectual property (IP) dispute between two parties. The dispute was justified because calculus had the potential to revolutionize mathematics and the scientific community would immortalize the person who laid claim to it. Both Newton and Leibniz realized the value of…

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MPEP Q & A 221: What are the Three Types of Patent Documents Available as Prior Art …?

Tue, 13 Apr 2021 14:11:13 +0000

Question: AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor. What are they? Answer: AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor: U.S. patents; U.S. patent application publications; and certain WIPO published applications. Chapter Details:…

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MPEP Q & A 220: What are the Section 42.208 paragraph (c) Amendments?

Tue, 30 Mar 2021 14:10:54 +0000

Question: What was Section 42.208 paragraph (c) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.208 is amended by revising paragraph (c) to read as follows: * * * * * (c) Sufficient grounds. Post-grant review shall not be instituted for a ground of unpatentability unless the Board decides that the petition supporting the ground would, if unrebutted, demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. The Board’s decision will take into…

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MPEP Q & A 219: When may the OPAP object to and require corrected drawings within a set time period?

Tue, 16 Mar 2021 14:10:39 +0000

Question: When may the OPAP object to and require corrected drawings within a set time period? Answer: The OPAP may object to and require corrected drawings within a set time period, if the drawings: have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). have missing lead lines. Lead lines are those lines between the reference characters and the details referred to; contain excessive text or text that…

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MPEP Q & A 218: What is the issue of correlation about as related to matters of invitro/in vivo?

Tue, 02 Mar 2021 15:10:21 +0000

Question: What is the issue of correlation as related to matters of invitro/in vivo? Answer: 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 on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Chapter Details: “Correlation” as used herein refers to the relationship between in vitro or in vivo animal model assays and a disclosed or a claimed method of use. An in vitro or in vivo animal model…

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MPEP Q & A 217: What are the Section 42.23 paragraph (b) Amendments?

Tue, 16 Feb 2021 15:09:59 +0000

Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.23 is amended by revising paragraph (b) to read as follows: 42.23 Oppositions and replies. * * * * * (b) All arguments for the relief requested in a motion must be made in the motion. A reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, or patent owner response. Chapter Details: This question comes from the following supplement “Amendments to the Rules of…

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MPEP Q & A 216: Time for Establishing ISR and WO of the International Search Authority

Tue, 02 Feb 2021 15:03:04 +0000

Question: What is the time limit for establishing the International Search Report and the Written Opinion of the International Searching Authority? Answer: Publication of the international application occurs at 18 months from the earliest priority date or, where there is no priority date, 18 months from the international filing date. The international search report is subject to international publication. For international applications filed before July 1, 2014, the written opinion of the International Searching Authority (ISA) is not published but is made available to the public after the expiration of 30 months from the priority date. For international applications filed…

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Getting Motivated: The Best Way to Study for the Patent Bar Exam

Tue, 26 Jan 2021 15:02:30 +0000

The patent bar exam is the biggest step in your journey to becoming a patent attorney or patent agent. In many cases, it will also be the last step you need to take to begin your career. Before taking the patent bar examination, you want to be prepared and brimming to the top with all the right information. The patent bar is a difficult exam. There are bright sides to the exam, like the fact that it’s all multiple choice questions and that you’re allowed to have the MPEP manual by your side while testing. This should help alleviate some…

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MPEP Search Strategy for the Patent Bar Exam

Sat, 23 Jan 2021 15:58:29 +0000

You probably already realize you may use the MPEP during the Patent Bar exam. For many, that gives off the impression that the test is an open book exam you don’t really need to study for.  But an attitude like that will definitely result in failure. The fact is, although you can use the MPEP, the exam is timed and you won’t have enough time to look up anywhere near all the questions on the exam. Each session of the exam is 3 hours (180 minutes) and consists of 50 questions. If you do the math that means on average…

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How to Study for the Patent Bar Exam

Sat, 23 Jan 2021 15:28:32 +0000

The Patent Bar is a difficult test to prepare for no matter how you’re going about it. Whether you’re studying the Manual of Patent Examining Procedure (MPEP) on your own, reviewing a home study course, or taking a live class, the sheer volume of legalese can be difficult for even the most dedicated individual. In this article, we’ll cover a few tips that will help you plan a winning strategy for passing the exam. Patent Bar Basics First of all, let’s cover a few basics on the Patent Bar. The exam consists of 100 multiple-choice questions. You don’t get penalized for…

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Crush Your Patent Practitioner Interview

Sat, 23 Jan 2021 15:27:12 +0000

When it comes to landing the perfect job, there are a few rules that hold true for any industry. Naturally, the more specialized your focus, the more work you’ll need to put into your interview prep. If you’re aiming for a position as a patent agent or patent attorney, your prospective company will expect you to meet certain expectations from the moment you walk through the door. Like anything else in life, if you don’t nail it, there’s somebody else waiting in the wings. To help you prepare for your upcoming patent agent or patent attorney interviews, take a look…

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Patent Bar Exam Study Planners

Sat, 23 Jan 2021 15:12:46 +0000

Pass the Patent Bar on Your Terms The PES-System was created to help you pass the Patent Bar Exam in a much shorter  amount of time and with less frustration than if you attempt it on your  own. Save your time and  concentrate your efforts on more important things like finding a job. Having a clear study plan is crucial to your success with the Patent Bar. The last thing you want is to waste time wondering what to do next. So in addition to our structured program, we’ve also put together detailed study plans for you. All you need to…

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13 Simple Memorization Tips That’ll Help You Pass the Patent Bar Exam

Sat, 23 Jan 2021 15:02:59 +0000

Let’s face it: there’s a lot of material you’re going to have to memorize in order to pass the Patent Bar exam. Even if you cut out the extraneous material and focus on what’s most likely to be tested, you’ll soon find out there are countless dates and facts you’ve got to know cold. In addition, you’ll have to memorize statutes and rules as well as MPEP sections and subsections. These often only have an arbitrary relationship to the concepts they brand.  In these cases, memorization is the only choice. Just to be clear, memorization is your ability to commit…

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MPEP Q & A 215: When Did Amendments to the Rules of Practice for Trials Before PTAB Take Effect?

Tue, 19 Jan 2021 15:03:48 +0000

Question: When did the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’ take effect? Answer: This rule is effective May 2, 2016, and applies to all AIA petitions filed on or after the effective date and to any ongoing AIA preliminary proceeding or trial before the Office. Chapter Details: This question comes from the following supplement “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar…

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Hunter A. Horton, Intellectual Property Attorney at Erise IP

Tue, 12 Jan 2021 15:03:08 +0000

Hunter is an Intellectual Property attorney. He clerked for two and a half years at Erise IP, P.A. during law school prior to starting full-time and is approaching the end of his third full year full-time. In total,  Hunter has spent approximately five and a half years in the IP law profession. The following is his Q & A interview. How did you get into a career in IP law? My inspiration for a career in IP law goes back to my sophomore year at the Missouri University of Science and Technology while seeking my Bachelor of Science in Chemical Engineering.…

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MPEP Q & A 214: What are Sufficient Grounds for Post-Grant Review?

Tue, 05 Jan 2021 15:03:33 +0000

Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what are sufficient grounds for a post-grant review? Answer: 37 CFR 42.208 (C) states that Post-grant review shall not be instituted for a ground of unpatentability unless the Board decides that the petition supporting the ground would, if unrebutted, demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. The Board’s decision will take into account a patent owner preliminary response where such a response is filed, including…

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Adam L.K. Philipp, Founding Member of Aeon Law

Tue, 29 Dec 2020 15:03:44 +0000

Adam is a Founding Member of Aeon Law, an Intellectual Property law firm. Adam has worked in the IP law profession for the last 25 years. The following is his Q & A interview. Why did you think this would be a good career for you? IP law is one of the most positive forms of law practice. Many lawyers see their clients during the worst periods of their lives. IP attorneys get to help creators unleash their genius and bring their creations into the world. What are the top 3 things you really like about working in IP law? Working…

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MPEP Q & A 213: Can Attorney Arguments Take the Place of Evidence?

Tue, 22 Dec 2020 15:03:58 +0000

Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, commercial success, solution of a long-felt need, inoperability of the prior art, invention before the date of the reference, and allegations that the author(s) of the prior art derived the disclosed subject matter from the inventor or at least one joint inventor. Chapter Details: The answer to this question can be found…

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Clifford Thomas Brazen, Patent Attorney at Erise IP

Tue, 15 Dec 2020 15:03:39 +0000

Clifford is a Patent Attorney who has been working in the IP profession since September 2014. From September 2014 until May 2016 Clifford was working on the patent prosecution side of patent law. In May 2016, Clifford moved to his current position at Erise IP, focusing on IP litigation. The following is his Q & A interview. How did you get into a career in IP law? I went to college to study engineering because I was great at math and science in high school. Toward the end of my sophomore year, I realized that an engineering career was not for…

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MPEP Q & A 212: What is the Number of Days Before an Oral Argument for Exchange of Exhibits?

Tue, 08 Dec 2020 15:03:38 +0000

Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what is the number of days before an oral argument for the exchange of exhibits? Answer: The number of days before an oral argument for the exchange of exhibits is at least 7 days. Chapter Details: This question comes from the following supplement “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam.…

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Ted D. Karr, IP Attorney & Partner at Berkeley Law & Technology Group LLP

Tue, 01 Dec 2020 15:03:15 +0000

Ted is an IP attorney and partner at Berkeley Law & Technology Group LLP, headquartered in Portland, Oregon. He has worked in the field of intellectual property law since 2001. The following is his Q & A interview. How did you get into a career in IP law? My first job out of law school was with Intel Corporation. I was assigned to the intellectual property group. Why did you think this would be a good career for you? I also have a business background and MBA and the IP team works closely with the business team. What are the…

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MPEP Q & A 211: When May an Abandoned Application be Used as Prior Art?

Tue, 24 Nov 2020 15:03:39 +0000

Question: When may an abandoned application be used as prior art? Answer: An abandoned patent application may become evidence of prior art only when it has been appropriately disclosed, as, for example, when the abandoned patent [application] is reference[d] in the disclosure of another patent, in a publication, or by voluntary disclosure under former Defensive Publication rule An abandoned patent application becomes available as prior art only as of the date the public gains access to it. However, the subject matter of an abandoned application, including both provisional and nonprovisional applications, referred to in a prior art U.S. patent or…

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Covid-19 and the Patent Bar

Tue, 17 Nov 2020 15:03:25 +0000

Covid-19 has caused enormous stress and trauma to our society and unfortunately, the strain doesn’t seem like it will end in 2020. I very much hoping that things will start to look up in 2021, but depending on when in 2021, it could still be a while. So I’d like to talk briefly about the impact Covid-19 has had on the Patent Bar exam. For starters, the Office of Enrollment and Discipline (OED) has extended out the scheduling window to 180 days. This used to be only 90-days. But now, once you send in your application and are accepted to…

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MPEP Q & A 210: What is the Executive Summary of the Supplement ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board?

Tue, 10 Nov 2020 15:03:30 +0000

Question: What is the executive summary of the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’? Answer: This final rule amends the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM, and derivation proceedings that implemented provisions of the AIA providing for trials before the Office. These include: Allowing new testimonial evidence to be submitted with a patent owner’s preliminary response Adding a Rule 11-type certification for papers filed in a proceeding Allowing a claim construction approach…

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Patent Bar Updates on Source Materials Starting October 13, 2020

Tue, 03 Nov 2020 15:03:33 +0000

  The USPTO changed the source materials of the Patent Bar exam starting October 13th, 2020. Our course includes the newest updates. Fortunately, the Patent Bar exam is still tested over the same version of the MPEP which is the Ninth Edition, Revision 08.2017 (January 2018 publication). This has been the tested version of the MPEP for the last few years. In addition, prior to the October updates, the exam covered 6 PDF supplements. These include the following: Inter Partes, Post Grant, and Covered Business Method Review Final Rules (77 Fed. Reg. 48680, August 14, 2012) Derivation Proceeding Final Rules…

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MPEP Q & A 209: Submission of an Oath or Declaration From a Prior Application

Tue, 27 Oct 2020 14:02:25 +0000

Question: Does a copy of an oath or declaration from a prior application need to be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012 even if the oath or declaration identifies the application number of the prior application? Answer: Yes, a copy of an oath or declaration from a prior application may be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012, even if the oath or declaration identifies the application number of the prior application. However, if such…

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How to Deal with Being Stressed When It Comes to Taking a Big Exam

Tue, 20 Oct 2020 14:02:48 +0000

Start Preparing for the Exam As Far Ahead of Time As You Can Giving yourself as much time to prepare for the exam as you can help keep your stress level at a minimum. By planning ahead, you’ll have time to find a pre-planned study schedule or set your study schedule, do plenty of practice questions and practice exams, review all of the material you need to consider, get plenty of rest throughout the preparation process, and still maintain your sanity. Start preparing early so you can keep time on your side and avoid having to cram in all of…

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MPEP Q & A 208: Filing a Petition to Make an Application Special Without a Fee

Tue, 13 Oct 2020 14:02:08 +0000

Question: Is it possible to file a petition to make an application special without a fee? Answer: A petition to make an application special may be filed without a fee if the basis for the petition is: (1) The applicant’s age or health; or (2) That the invention will materially: (i) Enhance the quality of the environment; (ii) Contribute to the development or conservation of energy resources; or (iii) Contribute to countering terrorism. Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications. The answer is from the…

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How to Take Better Notes when Studying for the Patent Bar Exam

Tue, 06 Oct 2020 14:02:23 +0000

Taking notes is essential for achieving academic success, yet few people know how to do it well. Note-taking is an excellent way for any student to improve their grades. Anyone who plans on taking the patent bar exam would be well-served to master the art of taking notes. Create a Detailed Outline Note-takers have long used the outline method for effectively understanding course material. The technique helps people remember the main points of lectures in an easy to follow format. With notes structured neatly, it’s much easier to go back and review the most crucial elements of the class. Detailed…

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MPEP Q & A 207: When Can a Practitioner Enter a Business Transaction with a Client

Tue, 29 Sep 2020 14:02:50 +0000

Question: When can a practitioner enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client? Answer: A practitioner shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: The transaction and terms on which the practitioner acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; The client is advised in writing…

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Should Your Resume Include an Objective Statement?

Tue, 22 Sep 2020 14:02:08 +0000

The basic resume formula hasn’t changed much over the years: it includes your work experience, your education, and your most relevant skills and accomplishments. But the objective statement, which has sat at the top of resumes for decades, might have finally gone out of style. Objective Statements Are Out Objective statements waste recruiters’ time. Most hiring managers have a stack of resumes on their table, and they need to sort through applicants as quickly as possible. If you start your resume with a bland sentence about your aspirations, you’ll probably end up on the bottom of the pile. The truth…

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MPEP Q & A 206: Requirements for an Applicant to Rescind Nonpublication Requests

Tue, 15 Sep 2020 14:02:34 +0000

Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must: Identify the application to which it is directed; State in a conspicuous manner that the request that the application is not to be published under 35 U.S.C. 122(b) is rescinded; and Be signed in compliance with § 1.33(b). Chapter Details: The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions. The…

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Destigmatizing Failing a Big Exam – Don’t Let Failure Cloud Your Judgment

Tue, 08 Sep 2020 14:02:41 +0000

In the United States alone, anxiety is considered the single most common mental illness. Yet while only 18 percent of the adult population suffers from anxiety, it’s estimated that a staggering 60 percent of college students deal with debilitating fear in their day to day life. Whether it’s homesickness or the pressures of academia, this common problem isn’t a secret among those in college. People studying for professional exams like the patent bar exam can feel it too. Students routinely skip out on meals, socializing, and sleep just to scrape by in higher-level exams. The paralyzing fear of failure doesn’t…

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MPEP Q & A 205: Meaning of Claims Limited to Species

Tue, 01 Sep 2020 14:02:16 +0000

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 thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim). Species always refer to the different embodiments of the invention. Species may be either independent or related as disclosed. Chapter Details: The answer to this question can be found in chapter 800 of the MPEP.…

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Cool Invention: 3D Printer Patents

Tue, 25 Aug 2020 14:02:24 +0000

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 Patents Are in Their Fourth Decade 3D printing technology and patents are not new. The history of the industry traces back to 1984 when Charles W. Hull first put in a patent application for stereolithography. Later that same decade, things advanced even further when S. Scott Crump, who was working for Stratasys at the time, invented fused deposition modeling. That’s…

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MPEP Q & A 204: Definition of a National Application

Tue, 18 Aug 2020 14:02:57 +0000

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 35 U.S.C. 111, an international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid, or an international design application filed under the Hague Agreement in which the Office has received a copy of the international registration pursuant to Hague Agreement Article 10. Chapter Details: The answer to this question…

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Note-Taking Strategy to Help You Remember

Tue, 11 Aug 2020 14:02:19 +0000

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 very effective strategy. By most estimates, the average person forgets about 90% of what they read, so if you want to remember what you learn, you need a better way to study. Luckily, there is a proven and effective note-taking technique that will help you remember most of what you learn. While this process does require a lot of work,…

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MPEP Q & A 203: Rejections of Dependent Claims Not Specifying a Further Limitation

Tue, 04 Aug 2020 14:02:40 +0000

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 should be rejected under 35 U.S.C. 112(d). When two claims in an application comply with the requirements of 35 U.S.C. 112(d) but are duplicates, or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other claim under 37 CFR…

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Selling Yourself During A Job Interview

Tue, 28 Jul 2020 14:02:51 +0000

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 as the right candidate for the job. The following tips are all good advice for accomplishing this. Be Authentic It can be challenging to be especially authentic during a job interview because you want to impress the employer and get the job. You may, therefore, be tempted to present yourself as someone you think they are looking for, even when…

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MPEP Q & A 202: Components of Examiner’s Answer in an Appeal

Tue, 21 Jul 2020 14:02:19 +0000

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 of rejection set forth in the Office action from which the appeal is taken (as modified by any advisory action and pre-appeal brief conference decision) is being maintained by the examiner except for the grounds of rejection (if any) listed under the subheading “WITHDRAWN REJECTIONS.” The examiner must treat all pending, rejected claims as being on appeal, and must maintain…

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MPEP Q & A 201: Drawings Essential Elements of Design Patent Applications

Tue, 07 Jul 2020 14:02:49 +0000

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 the claim, it is of utmost importance that the drawing or photograph be clear and complete, and that nothing regarding the design sought to be patented is left to conjecture. The design must be represented by a drawing that complies with the requirements and must contain a sufficient number of views to constitute a complete disclosure of the appearance of the…

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6 Ways to Keep From Coming Across as Arrogant During a Job Interview

Tue, 30 Jun 2020 14:02:31 +0000

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, there is a fine line between confidence and arrogance. Arrogance is defined as “having or revealing an exaggerated sense of one’s importance or abilities.” Too often, job seekers show more arrogance than confidence, which causes them to fail at a job interview. Here are six ways to keep from coming across as arrogant during a job interview so you can…

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MPEP Q & A 200: When Drawings Are Not Considered Necessary Under 35 USC 113

Tue, 23 Jun 2020 14:02:33 +0000

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 as an application for which a drawing is not necessary for an understanding of the invention under 35 U.S.C. 113 (first sentence). The same practice has been followed in composition applications. Other situations in which drawings are usually not considered necessary for the understanding of the invention under 35 U.S.C. 113 (first sentence) are: (A) Coated articles or products: where…

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5 Tips for Improving Your Grades

Tue, 16 Jun 2020 14:02:42 +0000

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 overcome challenges. A poor attitude has the opposite effect, causing demotivation and results in trouble giving your best effort. Maintaining focus and positivity means students are more likely to study. It’s not always easy to put in the work in school to do well, so maintaining proper motivation remains a key to long-term academic success. Believe in yourself and put…

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MPEP Q & A 199: The Difference Between Applicant Information, Correspondence Information, and Application Information

Tue, 09 Jun 2020 14:02:14 +0000

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 must include the family name, and at least one given name without abbreviation together with any other given name or initial. (If the applicant is not an inventor, this information also includes the applicant’s authority (pre-AIA 37 CFR 1.42, 1.43, and 1.47) to apply for the patent on behalf of the inventor. The “mailing address” is the address where applicant…

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MPEP Q & A 198: Items Necessary to Accord the International Filing Date the Date of Receipt of the International Application

Tue, 26 May 2020 14:02:56 +0000

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 of receipt of the international application, provided that the Office has found that, at the time of receipt: (i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office, (ii) the international application is in the prescribed language, (iii) the international application contains at least the following…

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10 Things You May Not Have Realized were Invented Between 2015 – 2020

Tue, 19 May 2020 14:02:05 +0000

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 lightbulb that levitates, you can now get one thanks to Gleagle. The company has released an extensive range of levitating light products. When the power goes off, the lightbulb snaps back into place. For people who want a tech device that will impress friends, this one is it. PlayStation VR People who desire to immerse themselves in the world of…

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MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?

Tue, 12 May 2020 14:02:38 +0000

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 application (unless previously submitted); (B) a petition fee under 37 CFR 1.17(m); and (C) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The Director may require additional information where there is a question whether the delay was unintentional. Chapter Details: The…

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Customizing Your Cover Letter Takes Time But Increases Your Chances of Standing Out

Tue, 05 May 2020 14:02:39 +0000

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 to the Person Responsible for Hiring You should customize your cover letter with the hiring manager in mind. Since that’s the person who can make your dreams come true, it pays to target them precisely. You should have very little trouble finding information when performing standard research. Add the person’s name, and if you’re feeling adventurous, add something personal based…

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MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)

Tue, 28 Apr 2020 14:02:18 +0000

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 for Patents”; (B) transmitted by facsimile; (C) hand-carried to the Office of Petitions; or (D) filed via EFS-Web as an ePetition. Chapter Details: The answer to this question can be found in chapter 1300 of the MPEP. This chapter covers Allowance and Issue. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the…

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10 Things You May Not Have Realized Were Invented Between 2010 – 2015

Tue, 21 Apr 2020 14:02:09 +0000

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 its Kindle Fire in 2013. The device serves up optimized content from Amazon’s vast library, including over 27 million songs, movies, TV shows, books, and popular apps. The device boasts fast internet browsing over Wi-Fi. Apple Pay Apple Pay came out and was an excellent way for millions of people to make payments. This service operates both a digital wallet…

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MPEP Q & A 195: Necessary Items for a Petition for Retroactive License

Tue, 14 Apr 2020 14:02:57 +0000

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 the material was filed in each country, (3) A verified statement (oath or declaration) containing: (i) An averment that the subject matter in question was not under a secrecy order at the time it was filed abroad, and that it is not currently under a secrecy order, (ii) A showing that the license has been diligently sought after discovery of…

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How to Create a Good Outline from Your Notes

Tue, 07 Apr 2020 14:02:22 +0000

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 notes into tiny pieces of information to help you learn the material faster. But without a method for creating an outline, you won’t be able to get the most value out of your notes. So how do you create a good outline? Start with the Core Ideas Read through your notes quickly to get a sense of the main ideas.…

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MPEP Q & A 194: Stop the Publication of an Application

Tue, 31 Mar 2020 14:02:26 +0000

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 sufficient time to avoid publication. The petition will be granted when it is recognized in sufficient time to avoid publication of the application. The petition will be denied when it is not recognized in time to avoid publication. Generally, a petition under 37 CFR 1.138(c) will not be granted and the application will be published in regular course unless such…

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10 Things You May Not Have Realized Were Invented in the 2000s

Tue, 24 Mar 2020 14:02:39 +0000

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 made adding enormous amounts of storage as simple as snapping one into a USB port. USB drives made storing files more natural and more accessible for a significant percentage of the population. In fact, the USB Flash Drive remains a powerful storage device even today. The Sony PlayStation 3 Games and more casual users fell in love with the PlayStation…

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MPEP Q & A 193: Petition to Make Special and Energy Resources

Tue, 17 Mar 2020 14:02:27 +0000

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: (A) the discovery or development of energy resources, or (B) the more efficient utilization and conservation of energy resources. Examples of inventions in category (A) would be developments in fossil fuels (natural gas, coal, and petroleum), hydrogen fuel technologies, nuclear energy, solar energy, etc. Category (B) would include inventions relating to the reduction of energy consumption in combustion systems, industrial…

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Learn Anything Faster

Tue, 10 Mar 2020 14:02:48 +0000

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 effectively. Read this article to get tips for learning things faster. Sleep Well It is of paramount importance that you are not sleep deprived when starting your study session. Ensure that you are well rested, energetic and fresh before sitting to prepare for the patent bar exam so that you are able to memorize the content quickly, more easily, and…

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MPEP Q & A 192: Overcome Provisional Obviousness Rejection

Tue, 03 Mar 2020 15:02:07 +0000

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 35 U.S.C. 120 of the prior applications and abandoning the copending applications Filing an affidavit or declaration under 37 CFR 1.132 showing that any unclaimed invention disclosed in the copending application was derived from the inventor of the other application and is thus not invention “by another”; Filing an affidavit or declaration under 37 CFR 1.131(a) showing a date of invention prior…

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Giving Up on the Patent Bar: Don’t Do It

Tue, 25 Feb 2020 15:02:18 +0000

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. Some of these setbacks make us stronger while others demoralize and dishearten us. However, giving up in the name of adversity does not solve any problems, instead, it makes them worse. Here is why you should reconsider your decision of dropping out and giving up. 1. It’s OK if You’ve Failed the Patent Bar Before Maybe you’ve failed the patent…

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MPEP Q & A 191: Final Rule in the Changes to the Claim Construction Standard

Tue, 18 Feb 2020 15:02:23 +0000

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 that a patent claim, or a claim proposed in a motion to amend, shall be construed using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. 282(b), including construing the claim in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill…

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Improving Sleep to Help You Prepare For the Patent Bar Exam

Tue, 11 Feb 2020 15:02:08 +0000

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 etc… As interesting and entertaining as the profession may sound, sitting for the patent bar exam can be extremely difficult and challenging. Fortunately, certain tips and tricks can help you prepare better and more comprehensively for the exam. One such tip is improving your sleep so you can get through preparing for the exam. Preparing for the exam can turn…

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MPEP Q & A 190: AIA Proceeding Expenses Under Phillips

Tue, 04 Feb 2020 15:02:51 +0000

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 Phillips require expanded page limits or otherwise incur more expense in their AIA trials than parties in AIA proceedings under BRI. The USPTO’s experience is that arguments under Phillips are not more complicated or more lengthy than arguments under the BRI standard. Rather, both standards are familiar to patent practitioners appearing before the USPTO and district courts. Consequently USPTO expects…

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5 Easy Tips to Help Maximize Your Learning

Tue, 28 Jan 2020 15:02:05 +0000

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 new. Read this article to get some handy tips on how to learn new things especially if you’re taking an important exam such as the patent bar exam. Chunk Your Material It can be very difficult to learn something new. This is particularly the case if the text is too lengthy or complicated. To make the learning process easier, try…

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MPEP Q & A 189: Issuance of NIRC Action in Inter Partes Reexamination Proceeding

Tue, 21 Jan 2020 15:02:14 +0000

Question: Name one instance when issuance of a NIRC action would be proper in an inter partes reexamination proceeding. Answer: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding: There is no timely response by the patent owner to an Office action requiring a response. If all claims are under rejection, the examiner will issue a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC). All claims will be canceled by formal examiner’s amendment. After a Right of Appeal Notice (RAN) where no party to the reexamination…

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Memory Techniques to Help You Conquer the Patent Bar Exam

Tue, 14 Jan 2020 15:02:23 +0000

Preparing for the patent bar exam can be demanding, time consuming, as well as mentally and physically exhausting. It can get especially frustrating if you find you cannot memorize the content and exam material. Fortunately, there are certain memory tips that help patent bar exam candidates memorize the material better and retain it for much longer. Mnemonics Help You Remember More Mnemonics are among the most effective and popular memory techniques because of how they help you remember details easily and for longer periods of time. Mnemonics are essentially any system or device formulated to help memorize text easily; this…

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MPEP Q & A 188: What Should Applicant Initiated Interview Request Form Identify?

Tue, 07 Jan 2020 15:02:40 +0000

Question: What should the Applicant Initiated Interview Request form identify? Answer: The Applicant Initiated Interview Request form should identify: the participants of the interview the proposed date of the interview whether the interview will be personal, telephonic, or video conference and should include a brief description of the issues to be discussed. Chapter Details: The answer to this question can be found in chapter 400 of the MPEP. This chapter covers Representative of Inventor or Owner. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not…

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How to Avoid Procrastination on the Patent Bar Exam

Tue, 17 Dec 2019 15:02:27 +0000

Preparing for the patent law bar exam can be demanding, time-consuming, challenging and exhausting. Since this exam can be extremely difficult, people tend to avoid studying for it by procrastinating. Although it might not sound like a very serious problem at first, procrastination often leads prospective patent practitioners to fail the exam. Fortunately, there are effective measures that help avoid procrastination. Here are some of the most common tips to help you avoid procrastination: Finding Your Peak Productivity Hour The best way to avoid procrastination is to find out when you work the best and most efficiently. Whenever you sit…

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MPEP Q & A 187: Two Final Rules Dealing with Claim Construction Standard

Tue, 10 Dec 2019 15:02:08 +0000

Question: What are the two final rules dealing with the claim construction standard as implemented in the supplement entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board”? Answer: In the first final rule, the Office changed the existing rules to, among other things: Increase the page limit for patent owner’s motion to amend by ten pages and allow a claims appendix to be filed with the motion; and increase the page limit for petitioner’s reply to patent owner’s response by ten pages. In the second final rule, the Office…

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Productivity Hacks to Help You Ace the Patent Bar Exam Quickly

Tue, 03 Dec 2019 15:02:16 +0000

Preparing for the patent bar exam can be laborious, taxing, and exhausting. Most of the candidates aiming to sit for this exam fall prey to procrastination and end up not doing very well on their exam. This article features some effective and helpful productivity tips to help you ace the patent bar exam. Turn Off Your Phone Turning off your phone and other electronic devices will help you stay focused and away from unnecessary distractions. Social media can be more time consuming than you can imagine. It’s best to deactivate your accounts while you’re preparing for the patent bar exam…

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MPEP Q & A 186: Name Types of Patents that May Not Use 37 C.F.R. 1.114

Tue, 26 Nov 2019 15:02:36 +0000

Question: Name two types of patents that may not use the provisions of 37 C.F.R. 1.114. Answer: The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents: design patent applications provisional applications applications filed before June 8, 1995 international applications filed before June 8, 1995 an international design application reexamination patents Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or…

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Speed-Reading: Hoax or Real?

Tue, 19 Nov 2019 15:02:19 +0000

Be it a student or a working adult, we read one thing or another everyday both consciously as well as subconsciously. Certain professionals have to read as a part of their jobs such as authors, proofreaders, publishers, and patent attorneys, etc. For regular readers, reading is not a difficult task, whereas others might struggle with how much time it takes and opt to learn how to read faster. By definition, speed reading is a technique where content is rapidly read by reviewing or skimming several sentences in one go. While many have high regards for this reading technique, there are…

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MPEP Q & A 185: What Must an Application Filed Under 37 CFR 1.53(d) be Filed Before the Earliest Of?

Tue, 12 Nov 2019 15:02:55 +0000

Question: What must an application filed under 37 CFR 1.53(d) be filed before the earliest of? Answer: An application filed under 37 CFR 1.53(d) must be filed before the earliest of: (A) payment of the issue fee on the prior application, unless a petition is granted in the prior application; (B) abandonment of the prior application; or (C) termination of proceedings on the prior application. Chapter Details: The answer to this question can be found in chapter 500 of the MPEP. This chapter covers Receipt and Handling of Mail and Papers. The answer is from the 9th Edition, Revision 08.2017.…

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Tips to Advance Your Career in Patent Law

Tue, 05 Nov 2019 15:02:31 +0000

Becoming a patent agent or patent attorney is difficult, time-consuming and requires a lot of hard work. Many people seem to slow down and take the job very lightly once they get started. This article discusses some very helpful ways you can do well as a patent practitioner whether agent or attorney and advance in your patent law career. Give it Your Best Whether you’re new to the job or an experienced veteran, many patent practitioners fail to accomplish the tasks and assignments assigned to them. In order to succeed in your patent law career, ensure that you’re fulfilling all…

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MPEP Q & A 184: What Should a Subject Matter Eligibility Rejection Identify Under Step 2A?

Tue, 29 Oct 2019 14:02:24 +0000

Question: A subject matter eligibility rejection under Step 2 should provide an explanation for each part of the Step 2 analysis; Step 2A and Step 2B. What specifically should a rejection identify under Step 2A? Answer: For Step 2A, the rejection should identify the judicial exception by referring to what is recited (i.e., set forth or described) in the claim and explain why it is considered an exception. For example, if the claim is directed to an abstract idea, the rejection should identify the abstract idea as it is recited (i.e., set forth or described) in the claim and explain why it corresponds to a concept that…

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Leaping in Life: Jumping into Patent Law as a Career Field

Tue, 22 Oct 2019 14:02:06 +0000

Choosing a career is a life defining moment. It requires a lot of thinking and decisiveness to ensure that you’re choosing a profession that is best for you. If you have an itch for the legal industry and are considering jumping into patent law as your career, read this article to find more about what you must do to become a patent lawyer. Attain a Degree in Science or Engineering In order to be eligible for a patent law license, you must have a degree in a science or an engineering program. Your accredited degree can be in any one…

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MPEP Q & A 183: When Changes to the Claim Construction Standard Apply

Tue, 15 Oct 2019 14:03:50 +0000

Question: When will the changes to the claim construction standard as outlined in “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” apply? Answer: As shown in the supplement … The changes to the claim construction standard will apply to proceedings where a petition is filed on or after the effective date of the final rule (November 13, 2018). The Office will apply the federal court claim construction standard, in other words, the claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C.…

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Learning Is the Only Skill That Matters

Tue, 08 Oct 2019 14:02:21 +0000

Learning is unavoidable, we are learning all the time, every day of our lives, both consciously and subconsciously. It is an essential and crucial life skill that is necessary for anyone who wants to continuously progress in life. Learning is considered by many the only skill that truly matters since lifelong learning is a vital and indispensable tool for progressing both personally and professionally. What is Continuous or Lifelong Learning? Lifelong learning is the process of acquiring knowledge continuously, throughout one’s life. Continuous learning involves constantly attaining new skills and expanding your skill set. It helps develop opportunities for future…

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MPEP Q & A 182: Characteristics of Ex Parte Reexamination

Tue, 01 Oct 2019 14:02:05 +0000

Question: List one of the basic characteristics of ex parte reexamination. Answer: The basic characteristics of ex parte reexamination are as follows: Anyone can request reexamination at any time during the period of enforceability of the patent; In ex parte reexaminations, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103. Patents may also be applied in a double patenting rejection; A substantial new question of patentability must be present for reexamination to be ordered; If ordered, the actual reexamination proceeding is ex parte in…

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How to Get Back into Studying for the Patent Bar Exam After a Long Break

Tue, 24 Sep 2019 14:02:57 +0000

Passing the patent bar is a dream for many. It takes a lot of hard work, dedication, and commitment to prepare for this exam. It requires your blood, sweat and tears as well as often burning the midnight oil. The entire process can be daunting and distressing to the extent that some people actually give up and abandon their hopes of becoming a patent attorney or agent. However, once the exam is passed, this career field has its own perks and benefits, making many students reconsider their decisions and choices. If you’re one of the many students who want to…

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MPEP Q & A 181: Summary of Claim Construction Standard

Tue, 17 Sep 2019 14:02:30 +0000

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 the BRI (broadest reasonable interpretation) standard for interpreting unexpired patent claims and substitute claims proposed in a motion to amend with the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. 282(b). The rule adopts…

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Women in Science and Engineering

Wed, 11 Sep 2019 00:02:30 +0000

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 educated and also able to actively participate in the country’s growth and development. Women have long been an important pillar in the fields of science and engineering. From Marie Curie redefining the disciplines of physics and chemistry to Elizabeth Bragg becoming the first graduate civil…

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

Tue, 03 Sep 2019 14:02:41 +0000

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 on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer comes from section 2152 of the MPEP.  The following is a brief summary of section 2152. 2152  Detailed…

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5 Tips for Finding a Fulfilling Career

Tue, 27 Aug 2019 14:02:30 +0000

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. Fulfilling career opportunities, whether in patent law or not, should include a career you enjoy and a career that gives you a sense of achievement. When you head home from work, you may be tired but you should never feel like you’re stuck in a…

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

Tue, 20 Aug 2019 14:02:58 +0000

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; and Finally, we determine whether the reissue claims were materially narrowed in other respects, so that the claims may not have been enlarged, and hence avoid the recapture rule. Chapter Details: The answer to this question can be found in chapter 1400 of the MPEP.…

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

Tue, 13 Aug 2019 14:02:46 +0000

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 to find yourself putting off those study sessions to do … well anything else. This article aims to help you overcome procrastination when it comes to studying for the Patent Bar exam. Study Habits to Adopt: Eliminate distractions. Find the study technique that works best…

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

Tue, 06 Aug 2019 14:02:43 +0000

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 the MPEP. This chapter covers patentability. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer comes from…

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Skills to Help Manage Conflict as a Patent Practitioner

Tue, 30 Jul 2019 14:02:30 +0000

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, though, don’t be caught off-guard. You can cultivate certain skills to help smooth over even the most tumultuous patent attorney coworker issues through conflict management and conflict resolution. Understand what can cause conflict As our good friend, Benjamin Franklin, once said, “An ounce of prevention…

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

Tue, 23 Jul 2019 14:02:27 +0000

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; (2) To prevent the client from engaging in inequitable conduct before the Office or from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has…

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Patent Practitioner Salary Negotiation Tips

Tue, 16 Jul 2019 14:02:40 +0000

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 or patent attorneys are so happy to have a job offer that they accept whatever salary their employer offers them. Typically, employers of law firms pitch a lower salary because they expect you to ask for more money. So, failing to negotiate a higher salary…

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

Tue, 09 Jul 2019 14:02:11 +0000

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 statement that the delay in filing the nonprovisional application or international application designating the United States within the twelve-month period was unintentional. Chapter Details: The answer to this question can be found in chapter 200 of the MPEP. This chapter covers types and status of…

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How to Increase Your Skills as a Writer

Tue, 02 Jul 2019 14:02:02 +0000

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 a complex subject in simple terms. Appreciating a subtle message one word sends over another is also a skill owned by those who write quality legal documents. In the legal profession, writing skills are among the most significant attributes. Words are used to instruct, persuade,…

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

Tue, 25 Jun 2019 14:01:56 +0000

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 Co; iv. organizing information through mathematical correlations v. receiving, screening, and distributing email 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 on future…

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Tips for Networking in Law School

Tue, 18 Jun 2019 14:02:21 +0000

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 about Employment Networking, whether it’s face-to-face at networking events, social networking, or even meeting attorneys from a law firm during on-campus recruiting, isn’t about the short-term goal of employment. It’s meant to be a way to build lasting connections that may help you in the…

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

Tue, 11 Jun 2019 14:01:41 +0000

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 documents associated with reexamination proceedings for plant patents. Requests for inter partes review. Any third party inquiries, petitions or papers unless specifically authorized by the EFS-Web Legal Framework (e.g., citation of prior art and written statements in patent files) and/or provided for via dedicated EFS-Web interface (e.g.,…

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How to Connect with Your Patent Law Clients

Tue, 04 Jun 2019 14:02:52 +0000

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 client and potentially get word-of-mouth advertising. Not sure where to start? Here are some easy things you can do to connect with patent clients and strengthen relationships. Communicate Every inventor wants to know where they stand in the patent application process. It’s an integral piece…

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MPEP Q & A 173: What is a Complete Nonprovisional Application Comprised of?

Tue, 28 May 2019 14:01:26 +0000

Question: What is a complete nonprovisional application comprised of? Answer: A complete nonprovisional application comprises the following: a specification, including claims, drawings, an oath or declaration, the prescribed filing fee, search fee, examination fee and application size fee Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers parts, form, and content of application. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question and answer…

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Why Learn About Patents if You’re a Scientist?

Tue, 21 May 2019 14:02:45 +0000

Patent Law is a specialized legal niche that involves the protection of discoveries and new inventions. Because such inventions often involve medical breakthroughs or technologies that could propel us forward from an intellectual standpoint, only intellectuals with a scientific or engineering background are eligible to sit the patent bar exam. But why would you want to learn about patents as a scientist? Perhaps the best way to address the topic is to learn about people who moved from a science background to a federal court. Loretta Weathers traded long days crunching data at the Massachusetts Institute of Technology for high-stakes…

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MPEP Q & A 172: Fees that Must be Paid Upon Filing a Request for Prioritized Examination

Tue, 14 May 2019 14:01:09 +0000

Question: Name two fees that must be paid upon filing a request for prioritized examination. Answer: Upon filing the request for prioritized examination, the following fees must be paid for the application: (1) the prioritized examination fee set forth in 37 CFR 1.17(c), (2) the processing fee set forth in 37 CFR 1.17(i)(1), (3) the publication fee set forth in 37 CFR 1.18(d), (4) the basic filing fee set forth in 37 CFR 1.16(a), or for a plant application, 37 CFR 1.16(c), (5) the search fee set forth in 37 CFR 1.16(k), or for a plant application, 37 CFR 1.16(m),…

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Dealing with Test Anxiety on the Patent Bar Exam

Tue, 07 May 2019 14:02:56 +0000

That fear that rips through your chest when you sit down to take an exam and the inner turmoil that is rattling around in your brain is called test anxiety. You start to sweat, your hands might start to shake, and your heart will feel as if it’s pounding against your chest. Test anxiety isn’t prejudiced. It doesn’t choose you because of your gender or race or grades. It’s simply your body reacting to a perceived threat. In this case, it’s a test that could forward your career as a patent agent or patent attorney. Test anxiety is a common…

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MPEP Q & A 171: Instances Where Publication or Issue Date is Later Than the Current Date

Tue, 30 Apr 2019 14:02:52 +0000

Question: When the publication or issue date is later than the current date (i.e., the date of the request), who will that information be given to? Answer: When the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record. Chapter Details: The answer to this question can be found in chapter 100 of the MPEP. This chapter covers secrecy, access, national security, and foreign filing. The answer is from the 9th Edition,…

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7 Tips to Ace the Patent Bar Exam

Tue, 23 Apr 2019 14:02:49 +0000

Preparing to take the patent bar examination requires a healthy amount of dedication. As with any higher education test, developing good study habits and time management skills will really go a long way in passing the assessment. The patent bar exam is certainly no exception to this as it’s no walk in the park. Thankfully, there are a few great tips you can follow in order to successfully pass this exam and get started with your career in patent law. Repetition Makes Perfect In order to stand any chance of passing the patent bar, you’ll need to familiarize yourself with…

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MPEP Q & A 170: Must a Claim be Identified to a Correct Category of Subject Matter?

Tue, 16 Apr 2019 14:02:12 +0000

Question: Must a claim be identified to a correct category of subject matter? Answer: It is not necessary to identify a single category into which a claim falls, so long as it is clear that the claim falls into at least one category. It is also not necessary to identify a “correct” category into which the claim falls, because although in many instances it is clear within which category a claimed invention falls, a claim may satisfy the requirements of more than one category. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP.…

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Patent Paralegal Resume Tips

Tue, 09 Apr 2019 14:02:46 +0000

Patent attorneys represent clients who are seeking patents and all legal matters that relate to obtaining a patent. Patent law is a great area of law for paralegals. It involves doing a lot of paperwork, preparing a lot of documentation, and performing a lot of research. If you’re a paralegal and are thinking about pursuing a career in patent law, you might be wondering how to craft your resume to pique the interest of potential employers. Whether you’re new to the profession or you’ve been working as a paralegal for a while, here are some things you can do to…

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MPEP Q & A 169: Non-Limiting Claims Not Directed to Any of the Statutory Categories.

Tue, 02 Apr 2019 14:02:56 +0000

Question: Provide an example of a non-limiting claim that is not directed to any of the statutory categories. Answer: Examples of a non-limiting claim that is not directed to any of the statutory categories include; Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations; Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave;…

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Patent Agent and Patent Attorney Salary Guide

Tue, 26 Mar 2019 14:02:54 +0000

Have you ever wondered about the difference between a patent attorney and a patent agent? And how much you can make in this lucrative field under each title? With the rise in technology, patent attorneys and agents are in demand. It takes different steps to become a patent attorney versus becoming a patent agent so the salaries will differ. You can have a strong career as both an attorney and agent and make a consistent and great yearly salary. So, we’re going to discuss the differences in the positions as well as how much you can make as a patent…

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MPEP Q & A 168: Competent Representation to a Client

Tue, 19 Mar 2019 14:02:40 +0000

Question: A practitioner shall provide competent representation to a client. What does competent representation to a client entail? Answer: Competent representation requires the legal, scientific, and technical knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Chapter Details: The answer to this question can be found in the following supplement: Changes to Representation of Others Before the USPTO Final Rules. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.…

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10 Things You May Not Have Realized Were Invented in the 1990’s

Tue, 12 Mar 2019 14:03:17 +0000

So much technology invented in the 1990’s was critical to the advancement of technological innovation that got us to where we are today. Smartphones, the digital camera, targeted Internet searches and the World Wide Web itself, emojis, even SnapChat and Instagram are all built on the ideas that came about in the 1990’s. Read on to discover some of the best technological advances of the ’90s. 1. Adobe Photoshop Let’s face it, nothing in advertising and photography was the same after Photoshop. It was released in 1990 and grew into quite possibly the most important photo editing tool of all…

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MPEP Q & A 167: When Must Applicants Timely File a Notice of Foreign Filing to Avoid Abandonment of a U.S. Application?

Tue, 05 Mar 2019 15:02:25 +0000

Question: Name one circumstance where applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application. Answer: Applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application if: applicant filed a nonpublication request in the U.S. application filed under 35 U.S.C. 111(a); applicant subsequently filed a foreign or international application directed to the invention disclosed in the U.S. application in a foreign country, or under a multilateral international agreement, that requires publication of applications 18 months after filing (foreign filing or counterpart application); and applicant did not rescind the…

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How to Become a Patent Paralegal

Tue, 26 Feb 2019 15:02:16 +0000

A patent paralegal, also often referred to as an intellectual property paralegal, is a career path you can choose to take if you’re interested in patent law, trademarks, copyrighting, and trade secrets. Patent paralegals can’t legally perform law but they are a strong asset for patent lawyers and their clients. They’re beneficial in many of the steps it takes clients to receive a patent as well as helpful with disputes and keeping connected with clients. Patent agents and attorneys now need more and more patent paralegals to assist them. So much so that it’s now considered a job in high…

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MPEP Q & A 166: Further Written Opinion Established by the International Preliminary Examining Authority

Tue, 19 Feb 2019 15:02:11 +0000

Question: Name one item any further written opinion established by the International Preliminary Examining Authority should set forth. Answer: Any further written opinion established by the International Preliminary Examining Authority should set forth, as applicable: (A) Any defects in the international application concerning subject matter which is not required to be examined or which is unclear or inadequately supported; (B) Any negative findings with respect to any of the claims because of a lack of novelty, inventive step (non-obviousness) or industrial applicability; (C) Any defects in the form or contents of the international application; (D) Any finding by the examiner…

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MPEP Q & A 165: When Patent Owner Fails to File Timely Response to Any Office Action Prior to an Action Closing Prosecution (ACP)

Tue, 05 Feb 2019 15:02:57 +0000

Question: List one consequence for when the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP). Answer: If the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP), it will result in the following consequences: Where there were no claims found patentable in the Office action, the examiner will issue a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) terminating prosecution and indicating the status of the claims as canceled. Where at least one claim is found patentable,…

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What You Need to Know About the Fundamentals of Engineering Exam

Tue, 29 Jan 2019 15:02:05 +0000

While this site focuses on the Patent Bar exam, there are many other professional exams that may pertain to you and advance your career. As an example, you may be eligible to take the Fundamentals of Engineering Examination or FE exam. If you’re not interested in a career in patent law, but want to continue on the road to a great career in engineering, this exam may be a better fit for you. If so, we hope this article helps you navigate the FE exam. You can also find more information from prepfe.com. They offer comprehensive information on the FE exam. For…

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MPEP Q & A 164: Computer-Implemented Methods and the Tax Strategy Provision

Tue, 22 Jan 2019 15:02:40 +0000

Question: Would a computer-implemented method that is deemed novel and non-obvious be effected by the tax strategy provision even if used for a tax purpose? Answer: A computer-implemented method that is deemed novel and non-obvious would not be affected by this provision even if used for a tax purpose. For example, a novel and non-obvious computer-implemented method for manipulating data would not be affected by this provision even if the method organized data for a future tax filing. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers patentability. The answer…

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3 Tips for Finding a Summer Job at a Patent Law Firm

Tue, 15 Jan 2019 15:02:43 +0000

As most first-year law students know, getting your foot in the door at a patent law firm and looking at your first real intellectual property job can feel like a daunting task. When you’re first starting out on a summer associate program, finding a job in any field can be a hard process. You have to be able to stand out from the hundreds of other applicants at large law firms and you have to make a lasting impression on the big bosses of the firm. By gaining on-the-job training on a summer associate program, the second summer of your…

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MPEP Q & A 163: What are the Most Common Basis for Filing a Reissue Application?

Tue, 08 Jan 2019 15:02:21 +0000

Question: What are the most common basis for filing a reissue application? Answer: The most common bases for filing a reissue application are: the claims are too narrow or too broad; the disclosure contains inaccuracies; applicant failed to or incorrectly claimed foreign priority; and applicant failed to make reference to or incorrectly made reference to prior copending applications. Chapter Details: The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers correction of patents. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer…

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MPEP Q & A 162: When is a 35 U.S.C. 102 Rejection with Multiple References Proper?

Fri, 21 Dec 2018 15:01:00 +0000

Question: When is a 35 U.S.C. 102 rejection with multiple references proper? Answer: A 35 U.S.C. 102 rejection over multiple references has been held to be proper when the extra references are cited to: Prove the primary reference contains an “enabled disclosure;” Explain the meaning of a term used in the primary reference; or Show that a characteristic not disclosed in the reference is inherent. 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 on future changes to the…

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

Tue, 11 Dec 2018 15:01:52 +0000

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 any found in nature,’ … are eligible for patent protection.” 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 on future changes to the…

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

Tue, 04 Dec 2018 15:01:49 +0000

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 fast-paced, big-haired, neon 1980’s. Let’s take a look at some of the groundbreaking inventions this one-of-a-kind decade brought us. 1. Disposable Cameras First up on our list of technology invented in the 1980’s is the disposable camera. At one point in time, taking photographs meant…

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

Tue, 27 Nov 2018 15:02:48 +0000

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: The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers appeals. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in…

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How Continuous Learning Can Help Patent Attorneys and Agents Build Confidence

Tue, 20 Nov 2018 15:01:12 +0000

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 a good grasp on the changes that are occurring in the field provides a stronger ability to confront any and all challenges head-on. This, in turn, leads to increased confidence and the motivation to continue being good at what you do. What Learning is Required…

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

Tue, 13 Nov 2018 15:02:34 +0000

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 must qualify as patent-eligible subject matter, i.e., the claim must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. The judicial exceptions (also called “judicially recognized exceptions” or simply “exceptions”) are…

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

Tue, 30 Oct 2018 14:02:20 +0000

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: The answer to this question can be found in chapter 2500 of the MPEP. This chapter covers maintenance fees. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable…

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Classes You Will Take in an IP Law Program

Tue, 23 Oct 2018 14:01:12 +0000

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 in one of the fastest growing practices. Due to the growth in both technology and the global economy, many law firms are taking on more and more cases involving copyrights, trademarks, and patents. Before we get into the actual classes you can expect to take…

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

Tue, 16 Oct 2018 14:02:03 +0000

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: The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers correction of patents. The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be…

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Why Learn About Patents if You’re an Engineer?

Tue, 09 Oct 2018 14:01:05 +0000

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 certain scientific and engineering fields are the only ones who can sit for the patent bar exam. Engineers falls into this specialized group. Engineers should consider learning about patents because it offers an alternative to the regular work an engineer would take on and because…

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MPEP Q & A 156: What is the Definition of Fundamental Economic Practices?

Tue, 02 Oct 2018 14:01:29 +0000

Question: What is the definition of fundamental economic practices? Answer: The courts have used the phrases “fundamental economic practices” or “fundamental economic concepts” to describe concepts relating to the economy and commerce, such as agreements between people in the form of contracts, legal obligations, and business relations. 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 on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary:…

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How to Get Back Up When You Have Setbacks

Tue, 25 Sep 2018 14:01:31 +0000

“Even the accomplished suffers setbacks sometimes. The more bitter the lessons, the greater the successes will be.” -Lucio Tan You are going to fail at some point in your patent law career. You are going to fail at some point in your life. It stings when reality doesn’t align with your expectations. Sometimes you fail because of your own missteps, and there are times you will fail because a situation is completely out of your control. Whether you failed the bar exam, the patent bar exam, or didn’t get the dream job, it’s these trying moments and these major setbacks…

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MPEP Q & A 155: Statutes That Grounds for Post-Grant Review May be Raised For

Tue, 18 Sep 2018 14:01:13 +0000

Question: List two statutes that grounds for post-grant review may be raised for. Answer: Grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or printed publications. Other grounds available for post-grant review include 35 U.S.C. 101 and 112, with the exception of compliance with the best mode requirement. Chapter Details: The answer to this question can be found in the following supplement: Inter Partes, Post Grant, and Covered Business Method Review Final Rules. This is a special supplement that at the time of this…

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Personal Accountability & Preparing for the Patent Bar Exam

Tue, 11 Sep 2018 14:01:40 +0000

Preparing for the patent bar exam is more than a little overwhelming. There are a lot of complex details to learn. But if you’re open to taking responsibility for the results and hold yourself accountable, you’re already on your way to being successful. With the patent bar exam and in life, one thing that predicts success is how much accountability you take for your own actions. A Little About the Exam Before we talk about proper preparation and the role of personal accountability, let’s take a closer look at the exam itself. If you want to practice as a patent…

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MPEP Q & A 154: What Does the Broadest Reasonable Interpretation (BRI) Do?

Tue, 04 Sep 2018 13:46:54 +0000

Question: What does the broadest reasonable interpretation (BRI) do? Answer: The BRI sets the boundaries of the coverage sought by the claim and will influence whether the claim seeks to cover subject matter that is beyond the four statutory categories or encompasses subject matter that falls within the exceptions. 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 on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.…

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Insights on How Long Successful Clients Take to Prepare for the Patent Bar Exam

Tue, 28 Aug 2018 14:06:52 +0000

Ever wonder just how long it takes to prepare for and pass the patent bar exam? We decided to review success stories and additional comments sent in by clients who recently passed the exam to find out what the average length of study time is. Here are the details of the study … The comments from the last 35 clients providing feedback through our survey form who both passed the exam and provided data about how long they spent studying were reviewed. The last 35 comments were used in order to focus only on recent statistics in order to be…

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MPEP Q & A 153: When Will a Practitioner be Responsible for Another Practitioner’s Violation of the USPTO Rules of Professional Conduct?

Tue, 21 Aug 2018 14:00:00 +0000

Question: When will a practitioner be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct? Answer: A practitioner shall be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct if: The practitioner orders or, with knowledge of the specific conduct, ratifies the conduct involved; or The practitioner is a partner or has comparable managerial authority in the law firm in which the other practitioner practices, or has direct supervisory authority over the other practitioner, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take…

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What You Focus on Becomes Your Reality

Tue, 14 Aug 2018 14:00:26 +0000

Think positive! How many times have you heard that phrase in your life? In preparing for your career as a patent agent or attorney, you’re likely going to hear this a lot. The patent bar exam is intimidating and finding a job can be a long, frustrating process. As it turns out, there is merit in the idea of positive thinking. It might surprise you to learn that there is actually some scientific evidence that backs it up. It Starts with Self-Talk You might think that positive thinking means trying to turn every situation into a positive one, but that’s…

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MPEP Q & A 152: Information an Attorney of Record May Have to Submit in Reply to an Office Action, Reissue Application, or Reexamination Proceeding

Tue, 07 Aug 2018 14:00:54 +0000

Question: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding. List 2 different types of information this may include. Answer: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding; this information includes: Information used in the inventive process, such as: A copy of non-patent literature, A publication application, or A patent used in the inventive process The publication date of an undated document mentioned by the applicant which may qualify as a prior art…

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Enhancing Communication as a Patent Agent or Patent Attorney

Thu, 02 Aug 2018 14:05:07 +0000

Whether you’re trying to improve the work environment at a law firm or patent office, network with other professionals or work as effectively as possible with clients, a good attorney-client relationship in terms of communication is essential. It can help avoid conflict, clarify misunderstandings, and make sure you get your clients exactly what they need. Why Is Communication Important? The main reason that communication and a solid attorney-client relationship are so important is that most jobs, whether it regards intellectual property, litigation or patent prosecution, or otherwise are not done completely independently, including patent law. As a patent professional, you’ll…

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MPEP Q & A 151: Situations Where a Practitioner May Withdraw From Representing a Client According to 37 C.F.R. 11.116

Tue, 24 Jul 2018 14:00:40 +0000

Question: List two situations where a practitioner may withdraw from representing a client according to 37 C.F.R. 11.116. Answer: A practitioner may withdraw from representing a client if: Withdrawal can be accomplished without material adverse effect on the interests of the client; The client persists in a course of action involving the practitioner’s services that the practitioner reasonably believes is criminal or fraudulent; The client has used the practitioner’s services to perpetrate a crime or fraud; A client insists upon taking action that the practitioner considers repugnant or with which the practitioner has a fundamental disagreement; The client fails substantially…

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12 Highly Rated Patent Law Firms on Glassdoor

Thu, 19 Jul 2018 14:05:50 +0000

Glassdoor is a database that contains reviews of patent attorney and patent agent law firms. The resource helps promote the firms to candidates doing research and advertise jobs to ideal candidates that may be unaware of the law firms need for personnel. Here is some information about 12 patent law firms and the ratings they received on Glassdoor. Rating numbers are based on a five-star system. 1. Stoel Rives The firm’s areas of practice includes Intellectual Property. A wide variety of industries are served. Stoel Rives dates back to 1883 and there are more than 360 attorneys employed by the…

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Post-August 16th 2018 Hard Copies Ready to Ship

Thu, 12 Jul 2018 14:00:14 +0000

The Patent Bar exam is being updated in August of 2018. Starting August 16th, 2018, the 9th Edition, 08.2017 MPEP + 4 Exam Notices will be the covered materials. The PES Patent Bar review online course has been updated to reflect this material for the last several months. We have many clients already studying for the exam with this newer version of the program. The hard copy version of the 08.2017 post-August 16th, 2018 is also now available. Here are a few important notes to make about the new hard copies. Since we have recently switched the Basic Patent Training…

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MPEP Q & A 150: Triggering of On-Sale Bar of Pre-AIA 35 U.S.C. 102(b)

Tue, 10 Jul 2018 14:00:26 +0000

Question: When is the on-sale bar of pre-AIA 35 U.S.C. 102(b) triggered? Answer: The on-sale bar of pre-AIA 35 U.S.C. 102(b) is triggered if the invention is both: The subject of a commercial offer for sale not primarily for experimental purposes and Ready for patenting. 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 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section Summary: This question…

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How to Prepare for the First Day of your New Job as a Patent Practitioner

Thu, 05 Jul 2018 14:07:07 +0000

So, you have your bachelor’s degree, master’s degree, or PhD., you’ve passed all the required tests as well as the interview, and you are on your way to becoming a patent attorney or patent agent at one of the leading law firms. However, it is your first day. The first day working at a new job is an exciting yet often stressful experience. No matter what your job is, meeting new people and working at new tasks is certainly something that takes some getting used to. This is especially true when beginning to prepare for the first day of your…

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MPEP Q & A 149: Four Categories of Invention Recited in 35 U.S.C. 101

Tue, 03 Jul 2018 14:00:52 +0000

Question: What are the 4 categories of invention recited in 35 U.S.C. 101? Answer: The four categories of invention recited in 35 U.S.C. 101 are: process, machine, manufacture, or composition of matter. Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of applications. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary: This question and answer comes from section 706 of the MPEP.  The following is a brief…

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How to Pick the Right IP Law Program

Thu, 28 Jun 2018 14:05:53 +0000

Intellectual property industries account for more than 38 percent of the country’s gross domestic product. IP plays a crucial role in American life. Intellectual property law protects people’s claims of ownership on works of art, inventions, and ideas. IP attorneys are aware of the demand for their skills. Experts note practicing IP law is an opportunity to be involved in a human creativity industry. Commercial legal jobs are rapidly expanding, especially in the high-tech sector. There are a significant number of disputes that exist between international companies and the U.S. that involve international litigation. The legal field is becoming central…

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MPEP Q & A 148: The Duty of Disclosure in Reexamination Proceedings

Tue, 26 Jun 2018 14:00:38 +0000

Question: Who does the duty of disclosure in reexamination proceedings apply to? Answer: The duty of disclosure in reexamination proceedings applies to the patent owner; to each attorney or agent who represents the patent owner, and to every other individual who is substantively involved on behalf of the patent owner. Chapter Details: The answer to this question can be found in chapter 2200 of the MPEP. This chapter covers Citation of Prior Art and Ex Parte Reexamination of Patents. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may…

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3 Tips for Working with (and Impressing) Your Patent Law Clients

Thu, 21 Jun 2018 14:05:09 +0000

As any good patent attorney or agent knows, impressing your patent law client is your first priority, above all else. All lawyers must work hard to keep their business but, more importantly, through a good attorney-client relationship, you want to make sure your client is satisfied when they leave your office. It is not enough to just have a professional demeanor during the meeting. There is so much more to providing your services and impressing your patent law clients. You also want to maintain a strong attorney-client relationship between for future endeavors. 1. Make Sure You Are 100% Prepared for…

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MPEP Q & A 147: Post-Grant Reviews and Civil Actions

Tue, 19 Jun 2018 14:00:13 +0000

Question: Can a post-grant review be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent? Answer: No, a post-grant review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent. Chapter Details: The answer to this question can be found in the following supplement: Inter Partes, Post Grant, and Covered…

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7 Mistakes You May Be Making on Your Patent Agent or Patent Attorney Resume

Thu, 14 Jun 2018 14:09:50 +0000

OK, so you’ve finished law school and are putting together a resume. If you’re looking for a career in intellectual property, a strong resume along with an equally good cover letter is your first step to getting your foot in the door of a patent law career. Obviously, you can look at an attorney sample resume or two to give you an idea. However, without a resume that stands out from the rest, you will not get an interview with the company you want. There are several common mistakes made on a resume that can shatter your chances. Thankfully, these…

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MPEP Q & A 146: When Can a Combination as Claimed Show that Inventions are Distinct?

Tue, 12 Jun 2018 14:00:00 +0000

Question: When can a combination as claimed show that inventions are distinct? Answer: Inventions are distinct if it can be shown that a combination as claimed: (A) does not require the particulars of the subcombination as claimed for patentability (to show novelty and unobviousness), and (B) the subcombination can be shown to have utility either by itself or in another materially different combination. When these factors cannot be shown, such inventions are not distinct. Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restriction in Applications Filed Under 35 U.S.C.…

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Patent Practitioners Guide to Being More Effective with LinkedIn Connections

Thu, 07 Jun 2018 14:17:56 +0000

As with most social networking like Twitter and Facebook for everyday communication, LinkedIn has quickly become an indispensable resource for professionals in almost every field—and that includes intellectual property. By using the latest technology, their growth has been fast and impressive with 467 million members in late 2016. To get the most out of LinkedIn, it’s not enough to simply have a standard law firm profile. You have to engage and interact to start seeing the benefits. While it might seem a little more obvious how this networking can help in the business world, even patent practitioners can benefit from…

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MPEP Q & A 145: Methods For Paying a Maintenance Fee

Tue, 05 Jun 2018 14:00:07 +0000

Question: How can a maintenance fee be paid? Answer: A maintenance fee may be paid: with cash 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: The answer to this question can be found in chapter 2500 of the MPEP. This chapter covers Maintenance Fees. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions. Section…

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Patent Training Workshop Progress Update

Thu, 31 May 2018 14:07:16 +0000

The Patent Training Workshop has now replaced the older, Basic Patent Training course within the PES Patent Bar review. We have produced and uploaded approximately 12 hours of video for the new course and it is ready to go for you. Now when you login to the course, you’ll see the Patent Training Workshop right up top. Clicking on that will take you to the Patent Training Workshop home page. If you still want to access the Basic Patent Training course, there is a link to do so at the bottom of the Patent Training Workshop home page. The Patent…

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MPEP Q & A 144: What Should a Subject Matter Eligibility Rejection Under Step 2 Do?

Tue, 29 May 2018 14:00:52 +0000

Question: What should a subject matter eligibility rejection under Step 2 do? Answer: A subject matter eligibility rejection under Step 2 should: Identify the judicial exception by referring to what is recited (i.e., set forth or described) in the claim and explain why it is considered an exception; Identify any additional elements (specifically point to claim features/limitations/steps) recited in the claim beyond the identified judicial exception; and Explain the reason(s) that the additional elements taken individually, and also taken as a combination, do not result in the claim as a whole amounting to significantly more than the judicial exception. Chapter…

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Top 10 Student Loan Mistakes to Avoid

Thu, 24 May 2018 14:15:03 +0000

If you’re thinking about getting into patent law, then you probably already realize gaining the right degree or degrees is a priority. Patent agents have a minimum of a Bachelor’s degree. Patent attorneys have a Bachelor’s degree in science or engineering plus a law degree. Many patent agents and patent attorneys have much higher than a Bachelor’s degree. Often, these professionals will have a Master’s or even PhD to add to the mix. So if you’re planning on becoming a patent agent or patent attorney, you may need to consider more education, which often requires student loans. Finding the money…

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MPEP Q & A 143: Who Decides Petitions for Derivation and Conducts Any Ensuing Derivation Proceeding?

Tue, 22 May 2018 14:00:39 +0000

Question: Who decides petitions for derivation and conducts any ensuing derivation proceeding? Answer: The Patent Trial and Appeal Board will decide petitions for derivation and conduct any ensuing derivation proceeding. Chapter Details: The answer to this question can be found in the following supplement: Derivation Proceeding Final Rules. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable. Section Summary: This question and answer comes from the following supplement: Derivation Proceeding Final…

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How to Apply to Law School as an Engineer or Scientist

Thu, 17 May 2018 14:20:56 +0000

Law schools welcome those with engineering and science majors. A scientific or technical background is helpful for lawyers specializing in patent law. If you’re planning on applying for law school after gaining your science or engineering degree, make sure you enroll in courses that train students to think analytically and require lots of writing. Choosing Classes Use elective opportunities to gain strong writing and reading skills. Minimize classes that grade on a pass/fail basis. Save law classes for law school, instead, acquire a broad education during the undergraduate years. Studying abroad and learning a foreign language are wonderful pursuits since…

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MPEP Q & A 142: Examples of Evidence Under 37 C.F.R. 1.131(a)

Tue, 15 May 2018 14:00:23 +0000

Question: List 2 examples of evidence under 37 C.F.R. 1.131(a). Answer: The allegations of fact might be supported by submitting as evidence one or more of the following: (A) attached sketches; (B) attached blueprints; (C) attached photographs; (D) attached reproductions of notebook entries; (E) an accompanying model; (F) attached supporting statements by witnesses, where verbal disclosures are the evidence relied upon. (G) testimony given in an interference. Where interference testimony is used, the applicant must point out which parts of the testimony are being relied on; examiners cannot be expected to search the entire interference record for the evidence; (H)…

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Creating a Better Patent Bar Review for You

Thu, 10 May 2018 14:20:49 +0000

We’ve gotten a lot of great feedback on the Patent Training course videos that were uploaded last week. Altogether, 45 videos were uploaded which totals right around 6 hours. This means about half of the new Patent Training Workshop is ready to go for you. It’s been a lot of work to put this together for you and we already have a solid course with hundreds of successes over the years. So why did we spend the time to do this? Here’s a quick explanation … The 3 steps to our program had been the following: Introduce you to the…

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MPEP Q & A 141: Issues That Must be Completed During the Examination Before an Interference May be Called

Tue, 08 May 2018 14:00:07 +0000

Question: What are the three major issues that must be completed during the examination before an interference may be called? Answer: The three major issues that must be completed during the examination are: All pending claims must be allowed, finally rejected, or canceled All petitions must be decided All appeals from a final rejection must be completed Chapter Details: The answer to this question can be found in chapter 2300 of the MPEP. This chapter covers Interference Proceedings. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or…

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6 Hours of New Training Videos Uploaded Within the PES Patent Bar Review

Thu, 03 May 2018 14:22:34 +0000

We’ve just uploaded slightly under 6 hours of training videos for the New Patent Training Workshop. If you have a current membership to the PES Patent Bar review, you can access all these videos for free within the client center. You can reach the videos from the Dashboard which is the page you’re taken to as soon as you login, as shown here:   There is also a link under ‘Basic Patent Training’:   As you may have heard, we’re planning on producing 80+ new training videos for the PES Patent Bar Review course. About 45 videos were just recently…

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MPEP Q & A 140: Status Identifiers Expected to Follow the Claim Number in an Amendment to the Claims

Tue, 01 May 2018 14:00:06 +0000

Question: List two status identifiers that are expected to follow the claim number in an amendment to the claims. Answer: Status is indicated in a parenthetical expression following the claim number by one of the following status identifiers: (original), (currently amended), (previously presented), (canceled), (withdrawn), (new), or (not entered). The status identifier (withdrawn – currently amended) is also acceptable for a withdrawn claim that is being currently amended. Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of applications. The answer is from the 9th Edition, Revision 07.2015. Depending…

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2018 USPTO Paper and Pencil Version of the Patent Bar Exam

Thu, 26 Apr 2018 14:10:39 +0000

The USPTO allows test takers to take the patent bar exam in a yearly paper and pencil session. It appears this upcoming paper and pencil session may be the last one offered.  Apparently, fewer and fewer people have been taking the paper version of the exam. The USPTO has proposed to discontinue the paper examination after this last session pending comments from the public. If you’re interested in taking the paper version of the exam, you can apply to take the 2018 session which will be held on Thursday, July 26th. The last day to send in your completed application…

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MPEP Q & A 139: Fees the Office Might Refund

Tue, 24 Apr 2018 14:00:44 +0000

Question: What fees might the Office refund? Answer: The Office may refund: A fee paid by mistake (e.g., fee paid when no fee is required); or Any fee paid in excess of the amount of fee that is required. Chapter Details: The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, form and content of application. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary: This question and answer comes from…

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Patent Bar Source Materials Changing After August 8th, 2018

Thu, 19 Apr 2018 14:10:07 +0000

The USPTO posted the update schedule for the patent bar source materials earlier this week. According to this latest notice, the 08.2017 version of the MPEP + 5 supplements will start being tested as of August 16th, 2018. Between now and August 8th, 2018, the 07.2015 version of the MPEP + 14 supplements will be tested. What Does This Mean Exactly? Between now and August 8th, 2018, the source materials for the questions and answers on the patent bar exam will be: Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 07.2015 http://www.uspto.gov/web/offices/pac/mpep/index.html; Inter Partes, Post Grant, and Covered Business…

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MPEP Q & A 138: When May a Process and Apparatus for its Practice be Shown to be Distinct Inventions?

Tue, 17 Apr 2018 14:00:30 +0000

Question: When may a process and apparatus for its practice be shown to be distinct inventions? Answer: Process and apparatus for its practice can be shown to be distinct inventions, if either or both of the following can be shown: (A) that the process as claimed can be practiced by another materially different apparatus or by hand; or (B) that the apparatus as claimed can be used to practice another materially different process. Chapter Details: The answer to this question can be found in chapter 800 of the MPEP. This chapter covers Restriction in Applications Filed Under 35 U.S.C. 111;…

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MPEP Q & A 137: Who May a Party Dissatisfied with a Final Decision in a Derivation Proceeding Appeal To?

Tue, 10 Apr 2018 14:00:16 +0000

Question: Who may a party dissatisfied with a final decision in a derivation proceeding appeal to? Answer: A party dissatisfied with a final decision in a derivation proceeding may appeal to district court or the Federal Circuit. Chapter Details: The answer to this question can be found in the following supplement: Derivation Proceeding Final Rules. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable. Section Summary: This question and answer…

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[Case Studies] Top 5 Careers for Scientists to Transition Into

Thu, 05 Apr 2018 14:15:48 +0000

Traditional career paths have changed. A career trajectory will have plateaus and dips as scientists change direction and build skills. Whether you’re a promising student or you have years of hands-on experience working for leading companies, career changes are often daunting enough; switching to a completely new area can be downright frightening. Five popular career changes for scientists include: Entrepreneurship, business, or consultancy Patent law Author Teaching and education Product development If you’re wondering how to ever switch from science to one of the listed career fields, rest assured, there are ways to prepare for a major career change while…

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MPEP Q & A 136: What a Reasons Document Should Include

Tue, 03 Apr 2018 14:00:03 +0000

Question: The reasons document explains why each item of information does or does not raise a substantial new question of patentability (or SNQ) in a supplemental examination. What should a reasons document include? Answer: The reasons document explains why each item of information does or does not raise a SNQ. The reasons document should include: A statement that the item of information raises a SNQ and identify the claims for which the SNQ is raised; Where appropriate, a statement that the item of information does not raise a SNQ and identify the claims for which a SNQ is not raised;…

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Interested in Intellectual Property Law? Review These Top 8 IP Law Schools

Thu, 29 Mar 2018 14:15:38 +0000

According to a report by the U.S. Patent and Trademark Office, over 38 percent of the United States’ gross domestic product is made up of intellectual property. To name a few, the field of intellectual property law protects ownership claims to works of art, inventions, and written works. Any industry involving human creativity presents an opportunity to practice IP law. Intellectual attorney skills are in demand. There is a wide array of international litigation and commercial legal jobs available. This legal field is becoming central to U.S. policy disputes. Jon Kappes, an Arizona State University lecturer and lawyer, says that…

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MPEP Q & A 135: When May the Prior Art Date of a Reference Under Pre-AIA 35 U.S.C. 102(e) be the International Filing Date?

Tue, 27 Mar 2018 14:00:49 +0000

Question: When may the prior art date of a reference under pre-AIA 35 U.S.C. 102(e) be the international filing date? Answer: The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the international application was published by the World Intellectual Property Organization (WIPO) under the Patent Cooperation Treaty (PCT) Article 21(2) in the English language. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This…

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How to Keep Motivated While You Prepare for the Patent Bar Exam

Thu, 22 Mar 2018 14:13:47 +0000

Do you want to be a patent attorney, a patent agent, or get a start in the field of patent law? If so taking and passing the patent bar examination is the key to getting started. The focus of preparing for the patent bar exam should be to overcome exam difficulties which include: The long, detail-oriented questions. Stress of time limit. Complexity of material. Having some insider knowledge about how to handle these obstacles will serve as a motivator for you to get started. The exam is difficult, but thousands of people pass it each year. There’s no reason to…

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MPEP Q & A 134: Who is Barred From Filing a Request for Ex Parte Reexamination of a Patent?

Tue, 20 Mar 2018 14:00:36 +0000

Question: Who is barred from filing a request for ex parte reexamination of a patent? Answer: “Any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1)…

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Top 5 Careers for Engineers to Transition Into

Thu, 15 Mar 2018 14:15:41 +0000

Whether you start out in mechanical engineering, chemical engineering, engineering management, or in civil engineering, a career change may be in the cards for you. The employment landscape of today rewards engineering graduates with the courage and perseverance to forge a career path that applies old skills to new challenges and opportunities. Career Transition Ideas for Engineers The fundamental skills of an engineer such as strong numeracy, problem-solving, and logical thinking are desirable characteristics for: Research and Development Patent Agent or Attorneys Business Leaders Software Specialists/Product Management Teachers We’ll get into each of these career possibilities here … 1. Research…

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MPEP Q & A 133: Correspondence That May be Transmitted by Facsimile.

Tue, 13 Mar 2018 14:00:17 +0000

Question: Name two types of correspondence that may be transmitted by facsimile. Answer: Types of correspondence which may be transmitted by facsimile include: CPAs (available for design applications only), amendments, declarations, petitions, information disclosure statements (IDS), terminal disclaimers, notices of appeal and appeal briefs, requests for continued examination (RCEs), assignment documents, issue fee transmittals and authorizations to charge deposit accounts. Chapter Details: The answer to this question can be found in chapter 500 of the MPEP. This chapter covers Receipt and handling of mail and papers. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to…

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12 Costly Mistakes To Avoid After College

Thu, 08 Mar 2018 15:17:37 +0000

After graduation, many students experience some post-graduation consequences that are not much fun. The majority of 2016 college graduates found themselves approximately $37,000 in student loan debt and the average is growing. In addition, many college graduates have debt in other forms like; car loans and credit card debt. This is a list of common mistakes that can be very costly and should be avoided—or you could end up paying for it for years. 1. Deferring Student Loans Temporarily stopping repayments for a student loan like the Free Application for Federal Student Aid (FAFSA) repayments may seem like a short-term…

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MPEP Q & A 132: What are the Three Separate and Distinct Requirements of the First Paragraph of 35 U.S.C. 112?

Tue, 06 Mar 2018 15:00:01 +0000

Question: What are the three separate and distinct requirements of the first paragraph of 35 U.S.C. 112? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph require that the specification include the following three separate and distinct requirements: A written description of the invention; The manner and process of making and using the invention (the enablement requirement); and The best mode contemplated by the inventor of carrying out his invention. 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…

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Feeling Scared for Your First Patent Practitioner Job Interview? If So, Review These Tips

Thu, 01 Mar 2018 15:15:39 +0000

Why do job candidates get nervous during an interview? Dr. Tamar Chansky, the author of Freeing Yourself from Anxiety, believes the brain cannot distinguish between high stake situations such as a job interview and being under the threat of attack. The body gears up to fight or run for your life. Those uncomfortable and inconvenient reactions make sense if you are indeed being threatened with assault. For a job interview with your potential employer, especially an in-person interview, you need to be collected, cool, and calm. Here are some tips to calm your nerves. Getting a job you really want…

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MPEP Q & A 131: What Does an Applicant Who Uses the Patent Cooperation Treaty Gain the Benefit of?

Tue, 27 Feb 2018 15:00:26 +0000

Question: What does an applicant who uses the Patent Cooperation Treaty gain the benefit of? Answer: An applicant who uses the Patent Cooperation Treaty gains the benefit of: (A) a delay in the time when papers must be submitted to the national offices; (B) an international search (to judge the level of the relevant prior art) and a written opinion on the question of whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable before having to expend resources for filing fees, translations and other costs; (C) a delay…

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6 Time Management Tips for Studying for the Patent Bar Exam

Thu, 22 Feb 2018 15:16:44 +0000

Whether you purchase a patent bar review course or try to navigate the Manual of Patent Examining Procedures on your own, the patent bar exam encompasses many subjects and is difficult. It is manageable. Like any other test, your time invested in learning the material determines whether you will pass or fail the exam. The needed amount of preparation varies from one individual to another. The average time devoted to study is 15 to 20 hours per week for three to four months. Focusing on material that will be tested is the key to maximizing study time. Knowing what is…

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MPEP Q & A 130: What is a Covered Business Method Patent According to the AIA?

Tue, 20 Feb 2018 15:00:48 +0000

Question: What is a covered business method patent according to the AIA? Answer: The AIA specifies that a covered business method patent is a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service, except that the term does not include patents for technological inventions. Chapter Details: The answer to this question can be found in the following supplement: Inter Partes, Post Grant, and Covered Business Method Review Final Rules. This is a special supplement that at the time of this recording…

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5 Patent Law Associations You Should Consider Joining

Thu, 15 Feb 2018 15:17:05 +0000

Joining a patent law association allows members to stay at the forefront of intellectual property law. The members are made up of a diverse group of lawyers and other professionals in corporate and private practice, the academic community, law school, and government services. There are individuals from institutions, companies, and law firms who are directly and indirectly involved in unfair competition law, trade secret, copyright law, and other law fields that impact intellectual law. The associations serve their members, work to improve the legal profession, eliminate bias, enhance diversity, and advance the rule of law in the U.S. and globally.…

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MPEP Q & A 129: How Applicants Can Rebut a Prima Facie Case of Obviousness Based on Overlapping Ranges?

Tue, 13 Feb 2018 15:00:35 +0000

Question: How can applicants rebut a prima facie case of obviousness based on overlapping ranges? Answer: Applicants can rebut a prima facie case of obviousness based on overlapping ranges by showing the criticality of the claimed range. In addition, an applicant can rebut a presumption of obviousness based on a claimed invention that falls within a prior art range by showing “(1) [t]hat the prior art taught away from the claimed invention…or (2) that there are new and unexpected results relative to the prior art. Chapter Details: The answer to this question can be found in chapter 2100 of the…

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Quick Guide to Law School Financial Aid

Thu, 08 Feb 2018 15:16:22 +0000

A legal education is both an investment in a student’s future and a financial investment. Like all investments, before you apply for any student aid, considering the pros and cons of a massive expenditure of money, time, and effort is essential. A realistic assessment of the reasons to pursue a legal education and how to pay for it is crucial. The best source of legal education financial aid information is the website or financial aid office of a LSAC-member law school. LASC.org has several good financial aid information sources and links to numerous law schools and need-based financial aid. The…

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MPEP Q & A 128: Individuals Who May Sign the Power of Attorney for Applications Filed On or After September 16, 2012

Tue, 06 Feb 2018 15:00:20 +0000

Question: Who must sign the power of attorney for applications filed on or after September 16, 2012? Answer: For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings). An assignee who is not an applicant cannot revoke or appoint power of attorney in a patent application. “Applicant” refers to the inventor or all of the joint inventors or to the person applying for a patent. If a person is applying for a patent, that person (which…

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MPEP Q & A 127: What Must a Statement Under 37 CFR 1.97(e) State?

Tue, 30 Jan 2018 15:00:03 +0000

Question: What must a statement under 37 CFR 1.97(e) state? Answer: A statement under 37 CFR 1.97(e) must state either: That each item of information contained in the information disclosure statement was first cited in any communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the statement, or That no item of information contained in the information disclosure statement was cited in a communication from a foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the statement after making reasonable inquiry,…

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9 Tips On What To Wear To A Patent Law Job Interview

Thu, 25 Jan 2018 15:13:13 +0000

You’ve secured your first interview as a patent agent or patent attorney. The one most pressing question on your mind now, is what should you wear? One thing that you should be told at law school is that, typically, the bigger the law firm is, the more conservative the attire should be. East coast patent law firms are among the most conservative. Companies that serve tech or creative clients tend to have a dress code that is slightly more relaxed. When in doubt, dress formally as what you wear is as important as the questions you answer when being interviewed…

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MPEP Q & A 126: Time When a Third Party Submission Must be Made

Tue, 23 Jan 2018 15:00:46 +0000

Question: When must a third party submission be made? Answer: A third-party submission must be filed prior to the earlier of: The date a notice of allowance is given or mailed in the application; or The later of: (i) Six months after the date on which the application is first published by the Office, or (ii) The date the first rejection under 37 CFR 1.104 of any claim by the examiner is given or mailed during the examination of the application. Chapter Details: The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers…

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9 Tips For Paying Off Student Loans Fast

Thu, 18 Jan 2018 15:30:10 +0000

College loans are the most significant obstacle that prevents millennials from investing. In 2016, the average student debt was over $37,000. That figure is an increase of a little of 6% in 2015. Financial planners and investment managers offer these tips for paying off student loans fast. 1. Consider The Loans As You Would A Mortgage If possible, make more substantial payments that will reduce the principal faster. Look at the amortization schedule of the loan. A double payment saves the interest listed for the next month. Add up the interest of every other month for a rough idea of…

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MPEP Q & A 125: Reasons Why a Petition Filed Under 35 U.S.C. 321 May be Considered

Tue, 16 Jan 2018 15:00:28 +0000

Question: 35 U.S.C. 322 covers petitions involved in post-grant reviews. 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered. List two reasons why a petition filed under 35 U.S.C. 321 may be considered. Answer: 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered only if: (1) The petition is accompanied by payment of the fee established by the Director under 35 U.S.C. 321; (2) The petition identifies all real parties in interest; (3) The petition identifies, in writing and with particularity, each claim challenged, the grounds on which…

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Waukeshia D. Jackson, Managing Partner, Patent Attorney at Jackson & Lowe Law Group, PC

Tue, 09 Jan 2018 15:47:37 +0000

Waukeshia D. Jackson Waukeshia is a patent attorney and the co-founder and managing partner at Jackson & Lowe Law Group P.C. in Atlanta, Georgia. She has worked in the field of intellectual law for over 6 years at the time of this interview. The following is her Q & A interview: How did you get into a career in IP law? My undergraduate degree is in Electrical Engineering. I worked for several Fortune 500 companies prior to attending law school.  Therefore, with my professional work experience and rigorous scientific training I saw the difference I could have the opportunity to…

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MPEP Q & A 124: Situations Where the Examiner is Not Responsible for Examining the Sufficiency of the Showing

Tue, 09 Jan 2018 15:00:14 +0000

Question: In what two situations is the examiner not responsible for examining the sufficiency of the showing? Answer: The examiner is not responsible for examining the sufficiency of the showing except when: The application claim is subject to a rejection under 35 U.S.C. 102(a) or (e) and the applicant files an interference suggestion instead of attempting to overcome the rejection. In this case the examiner must decide if the applicant’s showing is sufficient to overcome the rejection. If the examiner finds the showing not sufficient, then the rejection under 102(a) or (e) still holds true and the examination of the…

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7 Tips for Keeping Distractions to a Minimum While Studying for the Patent Bar Exam

Thu, 04 Jan 2018 15:15:15 +0000

The time has come. After much mental preparation and perhaps procrastination, you’ve decided to hunker down with a pot of coffee and all the material you need for the patent bar exam. However, you find that no matter what you do, you can’t seem to focus on the material at hand. Your hands migrate to your phone or you can’t keep yourself from switching tabs every five minutes. Distractions are hard to overcome but the exam date looms ever closer. Your issues with studying don’t come from the distractions themselves, but your brain’s ability to fight them off. There must…

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MPEP Q & A 123: What Situation May a Certificate of Correction be Used In Order to Correct an Issued Patent as Long as the Filing Was Made Without Deceptive Intent?

Tue, 02 Jan 2018 15:00:00 +0000

Question: A Certificate of correction may be used in order to correct an issued patent as long as the filing was made without deceptive intent in what situations? Answer: A Certificate of correction may be used in order to correct an issued patent as long as the filing was made without deceptive intent in the following situations: To correct inventorship. A correction for failure to claim priority. Chapter Details: The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers Correction of patents. The answer is from the 9th Edition, Revision 07.2015. Depending on…

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MPEP Q & A 122: Advantages of Filing a CPA Compared to a Continuation or Divisional Application

Tue, 26 Dec 2017 15:00:46 +0000

Question: List an advantage of filing a CPA compared to a continuation or divisional application. Answer: The following list includes advantages of filing a CPA compared to a continuation or divisional application: The papers required to be filed in the U.S. Patent and Trademark Office in order to secure a filing date under 37 CFR 1.53(d) are minimal compared to 37 CFR 1.53(b). In addition, the Office will not normally issue a new filing receipt for a CPA. The time delay between the filing date and the first Office action should be less for a CPA than for an application filed…

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Everything You Need to Know About Law School Time Management

Thu, 21 Dec 2017 15:10:26 +0000

One of the more important tips for law students to master for both law school and life generally is how time is spent and managed. Often, even successful executives and similar career professionals are unsatisfied with how time is spent. McKinsey asked nearly 1,500 executives around the world how they spent their time, and what they found was only 9% of respondents were “very satisfied” with how they spent their time. Nearly one-third were actively dissatisfied! The takeaway, then, is that learning how to manage your time effectively in law school is a directly transferable skill you will be able…

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MPEP Q & A 121: Times When a Request for Continuing Examination May be Proper

Tue, 19 Dec 2017 15:00:32 +0000

Question: List 2 times when a request for continuing examination may be proper. Answer: A request for continued examination may be proper when: An Office action is a final rejection. A Notice of Allowance has issued. An Office action under Ex Parte Quayle (this is a legal proceeding, the details of which are not discussed in the MPEP) has occurred. An application is under appeal by the Board of Appeals and Interferences. Chapter Details: The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of applications. The answer is from the 9th…

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Why Didn’t I Pass the Patent Bar? I Studied Hard!

Thu, 14 Dec 2017 15:28:04 +0000

If you’ve failed the patent bar exam, USPTO statistics show that you’re not alone. Each year, more than half the people taking this exam don’t pass it. Although many review companies would like you to believe their particular review course makes all the difference, buyers of each can still go on to fail the exam. Most people who take the exam purchase a study tool or review program, because studying from the MPEP with no guide at all is basically crazy. You won’t know what’s tested and what’s not tested without a review program, so it’s really well worth your time…

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MPEP Q & A 120: What May an Applicant do in Response to a Rejection Based on Failure to Claim Patent-Eligible Subject Matter?

Tue, 12 Dec 2017 15:00:18 +0000

Question: What may an applicant do in response to a rejection based on failure to claim patent-eligible subject matter? Answer: In response to a rejection based on failure to claim patent-eligible subject matter, applicant may: Amend the claim, e.g., to add additional elements or modify existing elements so that the claim as a whole amounts to significantly more than the judicial exception, and/or Present persuasive arguments or evidence based on a good faith belief as to why the rejection is in error. When evaluating a response, examiners must carefully consider all of applicant’s arguments and evidence rebutting the subject matter…

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Top 5 Job Interview Tips Articles on the Web

Thu, 07 Dec 2017 15:15:55 +0000

The sweaty brow. The shaky palms. Everything about an in-person interview for a dream job screams nervousness, but it doesn’t have to be that way if you come prepared. Knowing the basics of a job interview, especially for something as distinguished as patent law, will ease your nerves and allow you to sail right through the interview process. And, knowing a few key tips will take the experience from easy to impeccable. In order to get the job interview and the job you want, take advantage of the scores of job interview tips on the Internet. To help you get…

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MPEP Q & A 119: When is a Reference Analogous Art to the Claimed Invention?

Tue, 05 Dec 2017 15:00:12 +0000

Question: When is a reference analogous art to the claimed invention? Answer: A reference is analogous art to the claimed invention if: The reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or The reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). 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 07.2015. Depending…

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MPEP Q & A 118: Item an Appellant Must File If He or She Wishes to Reinstate an Appeal After Prosecution is Reopened

Tue, 28 Nov 2017 15:00:58 +0000

Question: What must an appellant file if he or she wishes to reinstate an appeal after prosecution is reopened? Answer: If an appellant wishes to reinstate an appeal after prosecution is reopened, appellant must file a new notice of appeal and a complete new appeal brief. Chapter Details: The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers Appeal. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary: This question and answer…

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Top 5 LinkedIn Tips Articles on the Web

Thu, 23 Nov 2017 15:13:56 +0000

You’re working on passing the patent bar exam now, but did you know there’s a lot you can do help help you find your first job even before you pass it? Networking takes time, so getting started now is the best move for your future. The Internet has an infinite amount of resources to help you network and find a job through search engines and business-to-business social networks, but none are better than LinkedIn. From viewing job postings to improving connections by allowing potential employers to see your profile with a well-written professional headline and drop-down menu with all your…

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MPEP Q & A 117: Items a ‘Corrective Document’ Must Include?

Tue, 21 Nov 2017 15:00:44 +0000

Question: An error in a recorded assignment document will be corrected by the Assignment Division provided a “corrective document” is submitted. What items must the “corrective document” include? Answer: The “corrective document” must include the following items: A copy of the original assignment document with the corrections made therein. The corrections must be initialed and dated by the party conveying the interest; and A new Recordation Form Cover Sheet Chapter Details: The answer to this question can be found in chapter 300 of the MPEP. This chapter covers Ownership and Assignment. The answer is from the 9th Edition, Revision 07.2015.…

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Using LinkedIn in Your Patent Law Job Search

Thu, 16 Nov 2017 15:16:52 +0000

What did we do before the internet became a regular part of our lives? How did we shop for jobs? What made employers want to choose us over the next applicant? How did we even find applicable postings for which to apply? While these questions are interesting from a sociological perspective, the truth is, these questions are no longer relevant. The internet has found its way into our worlds, and smart job seekers are wise to embrace the challenges and opportunities professional platforms such as LinkedIn can provide. The thing is, while there is no one-size-fits-all answer (after all, what…

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MPEP Q & A 116: Consequence That May Result Where Patent Owner Fails to Make Timely Appeal After the Issuance of a Right of Appeal Notice

Tue, 14 Nov 2017 15:00:31 +0000

Question: What is one consequence that may result where the patent owner fails to make a timely appeal after the issuance of a Right of Appeal Notice, or where a timely patent owner’s appeal is subsequently dismissed? Answer: Where the patent owner fails to make a timely appeal after the issuance of a Right of Appeal Notice, or where a timely patent owner’s appeal is subsequently dismissed, the following consequences would result: If no claim was found patentable at the time that the patent owner fails to take the timely action, a NIRC will immediately be issued. Where at least…

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Patent Searching Basics

Thu, 09 Nov 2017 15:17:59 +0000

US Patents and the Classification System The United States Patent and Trademark Office (USPTO) grants patents to inventors as a right to exclude others from making, using or selling an invention. With millions of expired, active and pending patents, the task of determining whether an invention has already been patented may appear to be daunting. Fortunately, multiple free tools are available that aid in the patent search process. The US patent database can be searched by classification or by keyword. Classification refers to the code assigned to patent documents based on the US Patent Classification (USPC) system or the Cooperative…

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MPEP Q & A 115: What is the Order of Arrangement for the Specification?

Tue, 07 Nov 2017 15:00:17 +0000

Question: What is the order of arrangement for the specification? Answer: The following order of arrangement is preferable in framing the specification. (A) Title of the invention. (B) Cross-reference to related applications. (C) Statement regarding federally sponsored research or development. (D) The names of the parties to a joint research agreement (E) Reference to a “Sequence Listing,” a table, or a computer program listing appendix submitted on compact disc and an incorporation-by-reference of the material on the compact disc. (F) Statement regarding prior disclosures by an inventor or joint inventor. (G) Background of the invention. (H) Brief summary of the…

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Overcoming Test Anxiety During the Patent Bar

Thu, 02 Nov 2017 14:19:29 +0000

What is Test Anxiety? Unless you have nerves of steel, you’re probably going to feel at least some level of anxiety during any given test. It’s only natural. It’s especially common when the test you’re taking is the patent bar exam. The complex material, the time limit, and the confusing questions all contribute to the stress. You also don’t want to fail it and have your peers find out why you still can’t get a job as a patent attorney after all those years of law school. The pace of the patent bar is often grueling. It’s much more obnoxious than any…

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MPEP Q & A 114: Individuals Who May Grant Written Authority to Status Information

Tue, 31 Oct 2017 14:00:04 +0000

Question: Name 2 individuals who may grant written authority to status information in a non-published, pending or abandoned application. Answer: A non-published, pending or abandoned application containing written authority granting access to the requester allows the requester access to status information if it is signed by any of the following individuals: The applicant; A patent practitioner of record; The assignee or an assignee of an undivided part interest; The inventor or a joint inventor; or A registered attorney or agent named in the papers accompanying the application papers Chapter Details: The answer to this question can be found in chapter…

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Top 4 Legal Resume Tips Articles on the Web

Thu, 26 Oct 2017 14:14:45 +0000

You are a job seeker in the legal field. You’ve found a reputable patent law job that is hiring and you need to make the best cover letter and resume imaginable to get the job interview. However, good resumes can be a pain to write and very cumbersome to inexperienced resume writers. But it’s the most important asset you can write to help you get your next job. The Internet is inundated with generic sample resume help tips, so finding functional resumes and skills-based resumes with effective legal resume formats that will actually help you is tough. To help you…

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MPEP Q & A 113: List 2 Requirements of the Summary of Abstract

Tue, 24 Oct 2017 14:00:50 +0000

Question: List 2 requirements of the summary of abstract. Answer: The summary of abstract should preferably be between 50 and 150 words. It should contain the following: (A) Indication of field of invention. (B) Clear indication of the technical problem. (C) Gist of invention’s solution of the problem. (D) Principal use or uses of the invention. (E) Reference numbers of the main technical features placed between parentheses. (F) Where applicable, chemical formula which best characterizes the invention. Chapter Details: The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers the Patent Cooperation Treaty.…

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Tips for Surviving Your First Weeks of Law School

Thu, 19 Oct 2017 14:12:51 +0000

By the very nature of this article title, it is clear that law school is not for the faint of heart. Succeeding in the classroom as you work toward obtaining a law degree requires dedication and resilience in both the short-term and long-term. Still, the first weeks of law school are arguably the most important. Your first semester grades go a long way toward determining whether you will get hired by a prestigious law firm offering substantially higher salaries than many smaller firms. Even if you are uninterested in these firms — commonly referred to as “Biglaw” — the fact remains that surviving the…

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MPEP Q & A 112: What Does 35 U.S.C. 102(a)(2) Provide?

Tue, 17 Oct 2017 14:00:14 +0000

Question: What does 35 U.S.C. 102(a)(2) provide? Answer: AIA 35 U.S.C. 102(a)(2) provides that a person is not entitled to a patent if the claimed invention was described in a patent issued under 35 U.S.C. 151, or in an application for patent published or deemed published under 35 U.S.C. 122(b), in which the patent or application, as the case may be, names another inventor, and was effectively filed before the effective filing date of the claimed invention. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is…

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Creating the Ultimate Study Spot

Thu, 12 Oct 2017 14:20:41 +0000

Studying plays a key role in the quality of your education and you want to create an environment that encourages the learning processes. According to CBS News, the way you learn when multi-tasking or sitting in a distracting environment differs from your ability to learn in a quiet space without distractions. Turning on a radio, the television or surfing the Internet while you study actually prevents you from being able to recall information or use information effectively at a future time. As a result, you do not learn effectively and you may face challenges when working on class projects or taking a…

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MPEP Q & A 111: What Must Each Information Disclosure Statement Include a Legible Copy Of?

Tue, 10 Oct 2017 14:00:58 +0000

Question: In addition to the list of all patents, publications, U.S. applications, or other information submitted for consideration by the Office, what else must each information disclosure statement include a legible copy of? Answer: In addition to the list of information, each information disclosure statement must also include a legible copy of: (A) Each foreign patent; (B) Each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the Office; (C) For each cited pending unpublished U.S. application, the application specification including the claims, and any drawings of…

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MPEP Q & A 110: What a Petition Filed On or After September 16, 2012 Must be Accompanied By to Correct Inventorship in a Patent

Tue, 03 Oct 2017 14:00:42 +0000

Question: What must a petition filed on or after September 16, 2012 be accompanied by to correct the inventorship in a patent? Answer: A petition filed on or after September 16, 2012 to correct the inventorship in a patent must be accompanied by all of the following: (1) A statement from each person who is being added as in inventor and each person who is currently named as an inventor. Each inventor’s statement must either agree to the change of inventorship or state that the inventor has no disagreement in regard to the requested change. (2) A statement is required…

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Don’t Wait to Take the Patent Bar Until After Law School

Thu, 28 Sep 2017 14:29:17 +0000

Stress There is a single, substantial reason you should not wait until after law school to take the patent bar exam: stress. After law school, you will need to pass the regular bar exam. That alone will garner you a number of sleepless nights. You will also be under immense pressure to find a job, after having spent all the time, hard work, and money required to get your law degree. Adding the patent bar atop all this pressure, worry, and responsibility can really cause problems for a number of people. Self-Doubt I have known people who were finally finished…

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MPEP Q & A 109: How Inter Partes Reexamination Differs From Ex Parte Reexamination

Tue, 26 Sep 2017 14:46:21 +0000

Question: List one way inter partes reexamination differs from ex parte reexamination. Answer: Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office actions, and the requirement for identification of the real party in interest. Inter partes reexamination also differs from ex parte reexamination in the estoppel effect it provides as to the third party requesters and when the initiation of a reexamination is prohibited. Inter partes reexamination does not, however, differ from ex parte reexamination…

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MPEP Q & A 108: Computer Functions Recognized to be Well‐Understood, Routine, and Conventional Functions When They are Claimed in a Merely Generic Manner

Tue, 19 Sep 2017 14:44:50 +0000

Question: List two computer functions recognized to be well‐understood, routine, and conventional functions when they are claimed in a merely generic manner. Answer: The courts have recognized the following computer functions to be well‐understood, routine, and conventional functions when they are claimed in a merely generic manner: Performing repetitive calculations, Receiving, processing, and storing data, Electronically scanning or extracting data from a physical document, Electronic recordkeeping, Automating mental tasks, and Receiving or transmitting data over a network, e.g., using the Internet to gather data. Chapter Details: The answer to this question can be found in the following supplement: July 2015…

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MPEP Q & A 107: Times When Explicit Petitions for Foreign Filing Licenses May Be Considered by Applicants

Tue, 12 Sep 2017 15:01:20 +0000

Question: Name two times when an applicant may want to consider an explicit petition for foreign filing licenses. Answer: Explicit petitions for foreign filing licenses may be considered by applicants when: the filing receipt license is not granted; the filing receipt has not yet been issued; there is no corresponding U.S. application; subject matter additional to that already licensed is sought to be licensed; or expedited handling is requested. Chapter Details: The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing. The answer is from the…

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MPEP Q & A 106: Indicia That a Continuing Reissue Application is Being Filed

Tue, 05 Sep 2017 14:04:31 +0000

Question: Name two indicia that a continuing reissue application is being filed. Answer: Indicia that a continuing reissue application is being filed are: A reissue oath/declaration, which is not merely a copy of the parent’s reissue oath/declaration. A specification and/or claims in proper double column reissue format. Amendments in proper format. A statement of assignee ownership and consent by assignee. A correct transmittal letter identifying the application as a reissue filing. An identification of the application as being “a reissue continuation of application number [the parent reissue application]” or “a continuation and reissue of application number [the parent reissue application]”…

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MPEP Q & A 105: Petition Fee Requirements For Participation in the PPH

Tue, 29 Aug 2017 14:04:11 +0000

Question: For participation in the Global/IP5 PPH pilot program at the USPTO, does the applicant need to submit a petition fee under 37 C.F.R. 1.17(h). Answer: No, for participation in the Global/IP5 PPH pilot program at the USPTO, the applicant must submit: A request for participation in the Global/IP5 PPH pilot program and a request that the U.S. application be advanced out of turn for examination by order of the Director to expedite the business of the Office under 37 CFR 1.102(a). A petition fee under 37 CFR 1.17(h) is NOT required. Chapter Details: The answer to this question can…

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MPEP Q & A 104: What Submission of Article 19 Amendments Should Comprise

Tue, 22 Aug 2017 14:04:51 +0000

Question: Name one item the submission of Article 19 amendments should comprise. Answer: The submission of Article 19 amendments should comprise: (i) a complete set of claims in replacement of the claims originally filed (ii) a letter which must indicate the differences between the claims as filed and those as amended plus the basis for the amendments (iii) an optional statement under Article 19 Chapter Details: The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers the patent cooperation treaty or PCT. The answer is from the 9th Edition, Revision 07.2015. Depending on…

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MPEP Q & A 103: What Grounds for Seeking Inter Partes Review are Limited to Compared with Post-Grant Review

Tue, 15 Aug 2017 14:04:31 +0000

Question: What are the grounds for seeking inter partes review limited to compared with post-grant review? Answer: The grounds for seeking inter partes review are limited to issues raised under 35 U.S.C. 102 or 103 and only on the basis of prior art consisting of patents or printed publications. In contrast, the grounds for seeking post-grant review include any ground that could be raised under 35 U.S.C. 282(b)(2) or (3). Such grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or printed publications. Other grounds available…

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MPEP Q & A 102: Earlier Concluded Examination or Review of Patent

Tue, 08 Aug 2017 14:04:12 +0000

Question: What is an earlier concluded examination or review of the patent? Answer: An earlier concluded examination or review of the patent is: (A) the original examination of the application which matured into the patent; (B) the examination of the patent in a reissue application that has resulted in a reissue of the patent; (C) the examination of the patent in an earlier concluded reexamination or supplemental examination; (D) the review of the patent in an earlier concluded trial by the Patent Trial and Appeal Board, such as a post-grant review, inter partes review, or covered business method review of…

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MPEP Q & A 101: Petition for a Derivation Proceeding

Tue, 01 Aug 2017 14:04:53 +0000

Question: What must a petition for a derivation proceeding provide? Answer: In a petition for a derivation proceeding, the petitioner must: (i) identify which application or patent is disputed; and (ii) provide at least one affidavit addressing communication of the derived invention and the lack of authorization for filing the earlier application. Chapter Details: The answer to this question can be found in the PTO supplement known as, “Derivation Proceeding Final Rules”. This supplement covers derivation proceedings. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Section Summary:…

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MPEP Q & A 100: Activities Used as an Indication of Commercial Exploitation

Tue, 25 Jul 2017 14:04:33 +0000

Question: List two activities that can be used as an indication of commercial exploitation? Answer: The following activities should be used by the examiner as indicia of this subjective commercial intent: Preparation of various contemporaneous “commercial” documents, e.g., orders, invoices, receipts, delivery schedules, etc.; Preparation of price lists and distribution of price quotations; Display of samples to prospective customers; Demonstration of models or prototypes, especially at trade conventions, and even though no orders are actually obtained; Use of an invention where an admission fee is charged; and Advertising in publicity releases, brochures, and various periodicals. Chapter Details: The answer to…

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MPEP Q & A 99: Types of Information Considered Status Information

Tue, 18 Jul 2017 14:04:38 +0000

Question: List two types of information that are considered status information. Answer: Status information of an application means only the following information: whether the application is pending, abandoned, or patented; whether the application has been published; the application number or the serial number plus any one of the filing date of the national application, the international filing date or the date of entry into the national stage; and whether another application claims the benefit of the application Chapter Details: The answer to this question can be found in chapter 100 of the MPEP. This chapter covers secrecy, access, national security…

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MPEP Q & A 98: Fees Reduced by 75% for Micro Entities

Tue, 11 Jul 2017 14:04:16 +0000

Question: List at least 2 fees that are reduced by 75% for micro entities. Answer: The fees which are reduced by 75% for micro entities include filing fees (nonprovisional and provisional), search fees, examination fees, issue fees, and appeal fees for utility, design, plant, and reissue patent applications. Also included are patent maintenance fees including the maintenance fee grace period surcharges as well as the surcharge for a petition to accept a delayed maintenance fee payment in order to reinstate an expired patent, claims fees, application size fees, and the surcharge required by 37 CFR 1.16(f) if either the basic…

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MPEP Q & A 97: Nonstatutory Double Patenting Rejection Made Under Obviousness Analysis

Tue, 04 Jul 2017 14:04:56 +0000

Question: What must any nonstatutory double patenting rejection made under the obviousness analysis make clear? Answer: Any nonstatutory double patenting rejection made under the obviousness analysis should make clear: (A) The differences between the inventions defined by the conflicting claims — a claim in the patent compared to a claim in the application; and (B) The reasons why a person of ordinary skill in the art would conclude that the invention defined in the claim at issue would have been an obvious variation of the invention defined in a claim in the patent. Chapter Details: The answer to this question can…

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MPEP Q & A 96: When a Nonpublication Request is Not Appropriate

Tue, 27 Jun 2017 14:04:35 +0000

Question: When is a nonpublication request not appropriate? Answer: A nonpublication request is not appropriate if applicants have already filed a counterpart foreign or international application in another country, or under a multilateral international agreement, that requires publication of applications at eighteen months after filing. Chapter Details: The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers statutory invention registration (SIR)s and pre-grant publications. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary:…

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MPEP Q & A 95: What an Examiner May Do After Considering the Issues on Appeal

Tue, 20 Jun 2017 14:04:11 +0000

Question: What may an examiner do after he or she has considered the issues on appeal? Answer: After an appeal brief has been filed and the examiner has considered the issues on appeal, the examiner may: reopen prosecution to enter a new ground of rejection with approval from the supervisory patent examiner ; allow the application if the examiner determines that the rejections have been overcome and no new ground of rejection is appropriate; or maintain the appeal by conducting an appeal conference and drafting an examiner’s answer. Chapter Details: The answer to this question can be found in chapter…

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MPEP Q & A 94: When a Concurrent Conflict of Interest Exists

Tue, 13 Jun 2017 14:04:45 +0000

Question: Except as provided in 37 C.F.R. 11.107 (b), a practitioner shall not represent a client if the representation involves a concurrent conflict of interest. When does a concurrent conflict of interest exist? Answer: A concurrent conflict of interest exists if: The representation of one client will be directly adverse to another client; or There is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person or by a personal interest of the practitioner. Chapter Details: The answer to this question…

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MPEP Q & A 93: What is Essential Material

Tue, 06 Jun 2017 14:04:17 +0000

Question: What is essential material? Answer: “Essential material” is defined as that which is necessary to: provide a written description of the claimed invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and set forth the best mode contemplated by the inventor; describe the claimed invention in terms that particularly point out and distinctly claim the invention; or describe the structure, material,…

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MPEP Q & A 92: Statutory Requirements to be Met Before Certificate of Correction for an Applicant’s Mistake to Issue

Tue, 30 May 2017 14:04:52 +0000

Question: What are the two statutory requirements that must be met before a Certificate of Correction for an applicant’s mistake to issue? Answer: Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mistake may issue. The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought. The mistake must be: of a clerical nature, of a typographical nature, or a mistake of minor character. The second statutory requirement concerns the nature of the proposed correction. The correction must not involve changes which would: constitute new matter or…

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MPEP Q & A 91: Non-Limiting Examples of Types of Characteristics Considered by the Courts to Determine Marked Difference

Tue, 23 May 2017 14:04:23 +0000

Question: List three non-limiting examples of the types of characteristics considered by the courts when determining whether there is a marked difference. Answer: Non-limiting examples of the types of characteristics considered by the courts when determining whether there is a marked difference include: Biological or pharmacological functions or activities; Chemical and physical properties; Phenotype, including functional and structural characteristics; and Structure and form, whether chemical, genetic or physical. Chapter Details: The answer to this question can be found in the PTO supplement known as, 2014 Interim Guidance on Patent Subject Matter Eligibility. This supplement covers subject matter eligibility. This is…

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MPEP Q & A 90: Conditions an Examiner Should Check for Before Requiring Applicant to Add Claim to Provoke Interference

Tue, 16 May 2017 14:04:55 +0000

Question: What 5 conditions should an examiner check for before requiring an applicant to add a claim to provoke an interference? Answer: The 5 conditions an examiner should check for before requiring an applicant to add a claim to provoke an interference include:  that the application is otherwise completed  that the required claim does not encompass prior art or would not otherwise be barred  that the applicant has not stated that the commonly described subject matter is not the applicant’s invention  that the application provides adequate support under 35 U.S.C. 112, 1st paragraph for the subject matter of the required claim…

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MPEP Q & A 89: Concepts the Courts Have Found to be Laws of Nature and Natural Phenomena

Tue, 09 May 2017 14:04:26 +0000

Question: List 3 examples of concepts courts have found to be laws of nature and natural phenomena. Answer: The types of concepts courts have found to be laws of nature and natural phenomena are shown by these cases, which are intended to be illustrative and not limiting: An isolated DNA; a correlation that is the consequence of how a certain compound is metabolized by the body; electromagnetism to transmit signals; and the chemical principle underlying the union between fatty elements and water. Chapter Details: The answer to this question can be found in the PTO supplement known as, 2014 Interim…

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MPEP Q & A 88: What the Patent Prosecution Highway Attempts to Accomplish

Tue, 02 May 2017 14:04:02 +0000

Question: What does the Patent Prosecution Highway or PPH attempt to accomplish? Answer: The Patent Prosecution Highway, or PPH enables an applicant who receives a positive ruling on patent claims from one participating office to request accelerated prosecution of corresponding claims in another participating office, which allows the applicant to obtain a patentability decision in the second office more quickly. Chapter Details: The answer to this question can be found in the PTO supplement known as, Implementation of the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs with Participating Offices. This supplement covers the patent prosecution highway or PPH. This…

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MPEP Q & A 87: Reasons Practitioner Should Act as an Advocate Before a Tribunal

Tue, 25 Apr 2017 14:04:35 +0000

Question: List one reason a practitioner should act as an advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness. Answer: A practitioner shall not act as advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness unless: The testimony relates to an uncontested issue; The testimony relates to the nature and value of legal services rendered in the case; or Disqualification of the practitioner would work substantial hardship on the client. Chapter Details: The answer to this question can be found in the…

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MPEP Q & A 86: Assignment of Patent to Change Address for Maintenance Fee Purposes

Tue, 18 Apr 2017 14:04:05 +0000

Question: If a patent is assigned, will that change the “correspondence address” or “fee address”  used for maintenance fee purposes? Answer: An assignment of a patent application or patent does not result in a change of the “correspondence address” or “fee address” for maintenance fee purposes. Chapter Details: The answer to this question can be found in chapter 2500 of the MPEP. This chapter covers maintenance fees. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary: This question and…

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MPEP Q & A 85: Board on Deferring Action on a Petition for a Derivation Proceeding

Tue, 11 Apr 2017 14:04:37 +0000

Question: Can the Board defer action on a petition for a derivation proceeding? Answer: The Patent Trial and Appeal Board may defer action on a petition for a derivation proceeding until the expiration of the 3-month period beginning on the date on which the Director issues a patent that includes the claimed invention that is the subject of the petition. The Patent Trial and Appeal Board also may defer action on a petition for a derivation proceeding, or stay the proceeding after it has been instituted, until the termination of a proceeding under chapter 30, 31, or 32 involving the patent…

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MPEP Q & A 84: Division of Fees Between Practitioners Not in the Same Firm

Tue, 04 Apr 2017 14:02:08 +0000

Question: Can a division of a fee between practitioners who are not in the same firm may be made? Answer: A division of a fee between practitioners who are not in the same firm may be made only if: The division is in proportion to the services performed by each practitioner or each practitioner assumes joint responsibility for the representation; The client agrees to the arrangement, including the share each practitioner will receive, and the agreement is confirmed in writing; and The total fee is reasonable. Chapter Details: The answer to this question can be found in the PTO supplement…

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MPEP Q & A 83: Filing a Petition to Institute a Post-Grant Review

Tue, 28 Mar 2017 14:02:40 +0000

Question: Who may file a petition to institute a post-grant review? Answer: A person who is not the patent owner may file a petition to institute a post-grant review, unless the petitioner or real party-in-interest had already filed a civil action challenging the validity of a claim of the patent. A petition may not be filed where the petitioner, the petitioner’s real party-in interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition. Chapter Details: The answer to this question can be found in the PTO supplement known as, “Inter…

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MPEP Q & A 82: Components International Design Applications Designating the U.S. Must Include

Tue, 21 Mar 2017 14:02:12 +0000

Question: What 3 components (in addition to the mandatory requirements) must an international design application designating the U.S. include? Answer: In addition to the mandatory requirements otherwise required for international design applications, an international design application designating the United States must also include: a claim; indications concerning the identity of the creator (i.e., the inventor); and the inventor’s oath or declaration. Chapter Details: The answer to this question can be found in chapter 2900 of the MPEP. This chapter covers International Design Applications. The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the…

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MPEP Q & A 81: Items Applicant’s Must Establish Under 35 USC 156

Tue, 14 Mar 2017 14:02:41 +0000

Question: List one item the applicant must establish under 35 U.S.C. 156(a)(1)-(5). Answer: 35 U.S.C. 156(a)(1)-(5) require that the applicant establish that: (1) the patent has not expired before an application under 35 U.S.C. 156(d) was filed (this may be an application for patent term extension under subsection (d)(1) or an application for interim extension under subsection (d)(5)); (2) the patent has never been extended under 35 U.S.C. 156(e)(1); (3) the application for extension is submitted by the owner of record of the patent or its agent to the Office within 60 days of regulatory agency approval of the commercial marketing…

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MPEP Q & A 80: Assignments Potentially Utilized as the Oath or Declaration

Tue, 07 Mar 2017 15:02:10 +0000

Question: Is it possible for an assignment in applications filed on or after September 16, 2012 to be utilized as the oath or declaration? Answer: Yes, for applications filed on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (“assignment-statement”), and if the assignment is made of record in the assignment records of the Office, then the assignment may be utilized as the oath or declaration. Chapter Details: The answer to this question can be found in chapter 300 of the MPEP. This chapter covers ownership and assignment. The answer is…

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MPEP Q & A 79: Factors When Determining Sufficient Evidence Concerning Enablement Requirement

Tue, 28 Feb 2017 15:02:38 +0000

Question: List two factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is ‘undue’. Answer: The factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is ‘undue’ include, but are not limited to: The breadth of the claims; The nature of the invention; The state of the prior art; The level of one of ordinary skill; The level of predictability…

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MPEP Q & A 78: AIA and Applications Filed Before March 16, 2013

Tue, 21 Feb 2017 15:02:10 +0000

Question: Do the changes to 35 U.S.C. 102 and 103 in the AIA apply to applications filed before March 16, 2013? Answer: No, the changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013. 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 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions. Section Summary: This question and answer comes…

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These news come from Patent Education Series.

Copyright Office Study Finds Protections for News Publishers are Adequate

Wed, 06 Jul 2022 16:15:39 +0000

On June 30, the U.S. Copyright Office officially published a report titled Copyright Protections for Press Publishers, which explores existing frameworks in nations around the world providing additional rights under copyright law for news publishers, and includes recommendations regarding similar changes that could be effected under U.S. law. The Copyright Office’s study concludes that, while the news publishing industry is facing significant problems in obtaining adequate funding during the...

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Defending Breakthrough Innovations – Protecting University Patents at the ITC

Wed, 06 Jul 2022 11:15:08 +0000

Many universities recognize the value of their patent portfolios and the need to protect their intellectual property rights from unlicensed and unfair use. When licensing negotiations break down, universities generally seek to enforce their rights in U.S. district courts, but overlook a potentially more favorable forum: the United States International Trade Commission (ITC). The ITC is a unique patent forum with experienced judges, defined patent rules, and statutory mandates to provide a...

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Will Dobbs Cure the Plague of Patent Eligibility Nonsense?

Tue, 05 Jul 2022 20:15:34 +0000

For anyone surprised about the Supreme Court refusing certiorari in the America Axle v. Neapco case after the Department of Justice (DOJ) (aided by the Solicitor’s Office of the U.S. Patent and Trademark Office [USPTO]) submitted its brief for the Supreme Court’s review, the question arises: why would anyone be surprised? The brief at issue is garbage, and one wonders what exactly its purpose was. To save time for concerned readers, the DOJ’s brief may be summarized as follows: (1) a bunch of...

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USPTO Will Ramp Up Identity Verification Rules for Trademark Filers Starting in August

Tue, 05 Jul 2022 17:40:06 +0000

Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks David Gooder last week. According to the post, the identity verification process started as a voluntary option in January 2022 “to better serve our legitimate...

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The Way FRAND Concepts are Applied in Other Sectors Illustrates the U.S. Government’s Orwellian View of Patent Rights

Tue, 05 Jul 2022 11:15:39 +0000

A while back, we set up an email alert to advise us of any legal developments involving fair, reasonable and non-discriminatory (FRAND) licensing. Somewhat to our surprise, the notion of requiring FRAND terms and conditions for obtaining access to the otherwise exclusive property rights of others is not limited to patents essential to industry standards. Rather, FRAND licensing concepts, or minor variations thereof (e.g. “just, reasonable and nondiscriminatory”), appear in government regulation...

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American Axle Denied: Patent Stakeholders Sound Off on SCOTUS’ Refusal to Deal with Eligibility

Mon, 04 Jul 2022 17:15:04 +0000

As we’re all aware by now, the U.S. Supreme Court denied the petition in American Axle & Mfg., Inc. v. Neapco Holdings LLC late last week, in its last Orders List of the term. This leaves it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now. In a statement sent to IPWatchdog following the denial, the U.S. Patent and Trademark Office said it is “committed to making every effort to ensure that the U.S....

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Patently Strategic Podcast: Fortifying Life Science Patents

Mon, 04 Jul 2022 11:15:29 +0000

The life sciences are currently facing at least two major plagues in our patent world. The first is that many life science innovations have been deemed ineligible in terms of patentable subject matter. In other words, the courts and the patent office believe that the patent laws are not meant to protect these innovations. The second plague is that the courts believe that many life science patents are not enabled. In other words, they are not described in sufficient detail to enable one of skill...

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IP Practice Vlogs: Practical Exercise – Let’s Design Patent the AirPods!

Sun, 03 Jul 2022 16:15:31 +0000

In the latest episode of IP Practice Vlogs, we will explore design patents, which protect the ornamental features of a functional item. Apple’s AirPods are functional but have a distinctive look that is identifying of its brand and maker, making them a great subject. The first thing you do when patenting anything, including a design, is to decide the scope of your claim. In design patents, your scope is determined by what you claim, what you show and what you describe. Claimed features are...

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Clark+Elbing LLP is Seeking a Technology Specialist

Sun, 03 Jul 2022 09:15:07 +0000

Clark+Elbing LLP is seeking scientists in either chemistry or biology fields for the full-time position of Technology Specialist. Clark+Elbing principally builds its professional staff by hiring strong Ph.D. scientists as Technology Specialists, who are trained, encouraged to pass the patent bar, and supported through law school. Clark+Elbing offers flexible working conditions including on-site in Boston, remote and hybrid positions.

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Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues

Sat, 02 Jul 2022 16:15:41 +0000

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? Over the course of the last two months, the general public has tracked what started out as a phishing scam involving actor Seth Green’s NFT from the Board Ape Yacht Club. It then evolved into a public quest to regain the NFT and the rights to develop a broadcast program based on the character depicted...

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Other Barks & Bites for Friday, July 1: Tillis and Daines Question Google on Political Email Censorship, Third Circuit Finds No Copyright in Fireworks Communications System, and Eleventh Circuit Clarifies Likelihood of Confusion Test in Reverse Infringement Cases

Fri, 01 Jul 2022 17:15:19 +0000

This week in Other Barks & Bites: the Eleventh Circuit overturns a summary judgment ruling against Wreal while clarifying the application of the likelihood of confusion factors in reverse infringement cases; the Supreme Court denies the petition for writ of certiorari in American Axle v. Neapco; the European Union creates its first regulatory framework for cryptocurrencies and digital assets; Senators Thom Tillis and Steve Daines ask Google CEO Sundar Pichai about the potential that spam...

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Patent Filings Roundup: Centripetal Sees More IPRs; Microsoft Engineer Sues Seven in Waco

Fri, 01 Jul 2022 11:15:41 +0000

Another light summer week in the patent world saw just 19 new petitions (all inter partes reviews [IPRs]), with 65 new district court cases (roughly average), including 75 newly terminated cases.  Five petitions were denied, with six granted; Peloton appears to have settled their dispute with Ifit (and dismissed the five related IPRs and district court suit); Peloton has been targeted by a few others. Flexiworld expanded its campaign against a number of Chinese and other foreign entities; Zoom...

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SCOTUS Kicks Patent Eligibility Cases to the Curb in Last Move of the Term

Thu, 30 Jun 2022 19:40:05 +0000

The U.S. Supreme Court has denied certiorari in American Axle v. Neapco Holdings, Inc., leaving it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now. Many expected that the Court would grant the petition after the U.S. Solicitor General in May recommended granting review. The SG’s brief said that inventions like the one at issue in American Axle have “[h]istorically…long been viewed as paradigmatic examples...

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INTA Asks Second Circuit to Limit Rogers’ Definition of ‘Expressive Work’ to Prevent Application of Test on Ordinary Consumer Products

Thu, 30 Jun 2022 16:15:24 +0000

On June 24, the International Trademark Association (INTA) filed an amicus brief in Vans, Inc. v. MSCHF Product Studio, Inc., a case currently on appeal from the Eastern District of New York to the U.S. Court of Appeals for the Second Circuit. In the brief, INTA urges the Second Circuit to clarify the kinds of “expressive works” to which the Rogers test may be applied, and in such a way that the use of Vans trade dress on sneakers sold by MSCHF Product Studio would be actionable for...

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Hermès’ Challenge of ‘MetaBirkin’ NFTs Foretells Future Trademark Litigation Trends

Thu, 30 Jun 2022 11:15:32 +0000

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. In a case that has bagged global attention, luxury design house Hermès is suing artist Mason Rothschild in New York for trademark infringement and dilution, misappropriation of its BIRKIN trademark,...

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