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Patent clerk - Wikipedia, the free encyclopedia The work of patent clerks usually includes searching patent and scientific literature databases for prior art, and substantively examining patent applications, that is examining whether the claimed invention meets the patentability requirements such as novelty, "inventive step" or "non-obviousness", "industrial application" (or "utility") and sufficiency of disclosure. Patent examiners can gain knowledge of patent applications before the public can, so that they may be viewed somewhat as being at the forefront of new technologies. A qualified examiner with the USPTO is a United States citizen and holds at a minimum a Bachelor degree in one of the physical sciences, life sciences, engineering disciplines, or in computer science. en.wikipedia.org /wiki/Patent_clerk   (756 words)

A PATENT EXAMINER LIKES CLARITY Patent examiners are persons with technical training and with experience in comparing the claims of patent applications with the documents of the state of the art. The patent examiner reads the claims submitted by the applicant as broad as possible and then searches for art which falls into the broad scope. In addition, the patent examiner is very concerned about the internal consistencies of the submitted patent claims. www.patent-examiner.com   (159 words)

Patent Examiner Positions The United States Patent System is at the forefront of technological advancement, especially in the areas of biotechnology and computer technology, with patents forming the basic and necessary incentive for research and development. Examiners are constantly exposed to the latest innovations in a given field and frequently make decisions that are a critical link in an incentive system which stimulates not only the national economy but the global economy as well. Patent Examiner registers are maintained covering each of the four major specialty areas: Electrical, Biotechnology, Chemical and Mechanical. www.uspto.gov /web/offices/pac/exam.htm   (871 words)

New Page 1 The extent to which an invention receives patent protection is in part dependent upon the subject matter of the invention, the drafting of the patent and the expertise of the patent examiner. Overall, the entire patent application process may be perceived as a form of written debate wherein the patent applicant strives for the maximum patent coverage possible. It is in the waging the debate with the patent examiner that the prior experience, writing proficiency and expertise of the patent attorney practitioner is extraordinarily valuable. www.patents-tm.com /patents/patentbasics.htm   (523 words)

Hypertext MPEP: 2287 Conclusion of Reexamination Proceeding If the conference confirms the patentability of the claim(s), a NIRC shall be issued and signed by the examiner, with the two other conferees initialing the NIRC (as "conferee") to indicate their participation in the conference. Where it is necessary to amend the patent in order to place the proceeding in condition to issuance of a reexamination certificate, the examiner may request that the patent owner provide the amendment(s), or the examiner may make the amendments, with the patent owner's approval, by a formal examiner's amendment. Where the record is clear as to why a claim is patentable, the examiner may refer to the particular portions of the record which clearly establish the patentability of that claim. patents.ame.nd.edu /mpep/22/2287.html   (3046 words)

The Patent Process The patent examiner then sends either a rejection or a notice of allowability to the practitioner at a time between about 4 months and 18 months from the date on which the application was filed. After the practitioner receives a rejection of some or all of the claims from the Patent Examiner, he may amend the claims of the inventors application, usually narrowing the claims just enough to obviate the rejections cited by the Examiner and thus providing the inventor with as broad of claim coverage as possible. Accordingly, a practitioner's response to a rejection by the patent office may not be an amendment to the claims which narrows their scope, but may consist only of arguments directed at the Patent Examiner as to why the Patent Examiner is wrong. www.patentsearcher.com /process.htm   (1797 words)

The Patent Process - Ken Roddy Patent Agent In most inventor-filed cases, the patent Examiner sees that the applicant is unfamiliar with the proper preparation and prosecution, and almost always urges the applicant to employ a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution. Finally, a patent may be an asset to a company, a value as a part of the technical literature, and the ego value to the inventor of having it known that he is the inventor of a patentable invention. Relevant patents found on the search not only determine whether the invention is patentable but also are of value in enabling the attorney or agent to prepare a better patent application which has claims of maximum breadth without too much danger of being irretrievably rejected on prior art. www.patentstuff.com /patentproc.htm   (5875 words)

Just a Patent Examiner There have been some prominent patent interference disputes (such as for the laser, which I think we'd all agree was a fairly significant invention) where the inventor (you know, the one who actually had the idea first) was beaten to the Patent Office. To encourage submission of relevant information to the patent examiner promptly and in a way that brings the most important information to the attention of the examiner, the USPTO is proposing to eliminate all fees associated with submitting an IDS. Examiners spend roughly the same amount of time preparing for the interview, conducting the interview, preparing the Interview Summary, and then coming back up to speed with what they were doing before the interview. just-n-examiner.livejournal.com   (3180 words)

New Page 1 Patents are granted to inventions that are new, useful and "non-obvious". It is the patent examiners job to inspect the invention, or its patent application, research the field of art that it falls into and make the ultimate decision of whether some or all of the "elements" of the invention are worthy of receiving a patent. The examiner may grant a patent for every claimed element, or just some of the elements or none of the elements depending on the findings. www.patents-tm.com /patents/patentregistration.htm   (1100 words)

Hypertext MPEP: 1208 Examiner's Answer The participants of the appeal conference should include (1) the examiner charged with preparation of the examiner's answer, (2) a supervisory patent examiner (SPE), and (3) another examiner, known as a conferee, having sufficient experience to be of assistance in the consideration of the merits of the issues on appeal. Of course, if the examiner feels that some further explanation of the rejection is necessary, he or she should include it in the answer but ordinarily he or she may avoid another recital of the issues and another elaboration of the grounds of rejection. The examiner should reevaluate his or her position in the light of the arguments presented in the brief, and should expressly withdraw any rejections not adhered to, especially if the rejection was made in an action which is incorporated by reference. patents.ame.nd.edu /mpep/12/1208.html   (5088 words)

Patent, Intellectual Property Attorney, Marc D. Machtinger A patent is a grant from the United States government to an inventor of the right to exclude others from making, using, selling, offering for sale, and importing the invention within the United States for a limited time, in exchange for the inventor disclosing the invention to the public. Patent counsel should be consulted to determine the consequences of the specific events which have occurred. Once a Provisional Patent Application is filed, a regular patent application must be filed prior to the expiration of 1 year from the provisional filing date in order to claim the benefit of the provisional filing date. www.patentstation.com /mdm/p102.htm   (3002 words)

USPTO Patent Examiner Recruitment   (Site not responding. Last check: 2007-10-09) By the very nature of the Patent Examiner position, you are always at the forefront of new technologies. Patent Examiners hired at the GS-5, GS-7, or GS-9 pay/grade levels are eligible for an accelerated promotion after six months of service when they meet the performance of a new Examiner. Legal, technical and automation training is provided to Examiners at the USPTO to ensure they possess the necessary knowledge and skills to perform their job. www.uspto.gov /web/offices/ac/ahrpa/ohr/jobs/exam.htm   (185 words)

Problems with Patent Examinations in General Such pressure on examiners is unacceptable for a patent prosecution system that is awarding monopoly intellectual property rights, especially in light of mismanagement of examiners such as what follows: Greg: I am a recent former patent examiner at the US Patent and Trademark Office. Apparently the examiners are somewhat skeptical of the reengineering plans being discussed by PTO management (especially after last fall's brouhaha which many examiners are still upset about), and feel management still isn't really listening to their concerns. Patent applicants, owners and attorneys may feel unhappy if their applications are not always allowed, but if we give too much weight to their understandable dissatisfaction, I fear we may place too much emphasis on responding to this dissatisfaction at the expense of devaluing the patents we issue. www.bustpatents.com /exam.htm   (3618 words)

General Patent Information Once this is done, the Patent Examiner will review your application and compare it to patents found in his search as well as general engineering principals and his personal experience in your area of art. By the time you have a patent application which is filed, you can expect to have spent from $2500 to $4500 on the application itself. The Patent Examiner determines this based on his or her subjective review of your invention. www.patentpending.com /patapp.html   (1223 words)

Patent Pros: The Blog of a Patent Examiner   (Site not responding. Last check: 2007-10-09) Andrew DeMaster is a patent attorney in Minneapolis, MN. This blog is intended to be used as an educational discussion forum between lawyers, law students, and other patent practitioners, and is not intended to be legal advice. Just A Patent Examiner is a blog written by an anonymous patent examiner. patentpros.typepad.com /patent_pros/2006/06/the_blog_of_a_p.html   (378 words)

Patent Baristas: USPTO Archives Because of that, examination on the merits is a chance to fashion, with help from the Examiner, a patent that has a sporting chance of withstanding heavier, competitor-inspired attacks on validity after issue. Accordingly, the decision of the examiner is reversed. The patent, known as the Cabilly patent after the lead inventor, Shmuel Cabilly, covers what Genentech calls "the 'fundamental technology required for the artificial synthesis of antibody molecules," which are the basis for many of the best-selling drugs produced by the biotechnology industry. www.patentbaristas.com /archives/cat_uspto.php   (16165 words)

Patent Baristas: USPTO Requesting To Do Less In Examining Patents Under the new proposal, patent applicants would be required to provide the USPTO with the most relevant information related to their inventions in the early stages of the review process. Apparently, the current obligation to inform patent examiners of all information known to be material to patentability of the invention claimed by the applicant is just not enough. With the proposed changes, patent examiners would not have to review documents that do not directly relate to the claimed invention, or that duplicate other information already submitted. www.patentbaristas.com /archives/000438.php   (606 words)

Patent Interference Overview - Law Firm McNeely IP Law Attorneys Washington D.C., District of Columbia A patent interference can be initiated in two ways: by suggestion of the patent examiner, or by request of the patent applicant. Under U.S. law, an inventor is a person who contributed to the conception of the subject matter defined by at least one claim in a patent or application.  Showing that you are the first to invent requires proving that you were the first to possess the complete invention. For legal advice on a patent interference, consult a registered patent attorney qualified to assist you in patent matters before the USPTO Board of Patent Appeals and Interferences. www.patentek.com /CM/Patent/Patent69.asp   (142 words)

Oppedahl & Larson LLP Update -- 102(e)   (Site not responding. Last check: 2007-10-09) In case 3, the reference is a US patent that issued after the filing date of the application being examined. This means that in case 4, where the filing date of the PCT application is before the filing date of the application being examined, if the PCT application is "compliant," the Examiner may cite it as a reference. Yet another approach, if the non-US inventor wants to maximize the ability for his or her US application to block other patent applicants, is to file an ordinary US patent application within the Paris Convention period of the priority application. www.patents.com /pubs/102e   (633 words)

Recruitment for patent examiners, engineer, industry, biotech, chemistry As the patent granting authority for Europe with a strong global orientation, it received nearly 180 000 patent applications in 2004. With a budget of well over EUR 1 billion and more than 6 000 staff in Munich and its branches in The Hague, Berlin and Vienna, the EPO is one of the largest patent offices worldwide, and the second-biggest European organisation. This involves searching in online databases, analysing documents, communicating orally and in writing with patent applicants and their attorneys, and taking decisions on the granting of patents valid in up to 36 European countries. www.european-patent-office.org /epo/patexam.htm   (734 words)

Patent, Intellectual Property Attorney, Marc D. Machtinger Machtinger served as a Patent Examiner at the U.S. Patent and Trademark Office for over 2 years. His responsibilities as a Patent Examiner included examining U.S. and international patent applications in the fields of physics, optics and related engineering, particularly in the communication equipment area. In addition to a workload of trademark, licensing, litigation projects, and opinion matters, etc., he has been involved with the preparation and prosecution of patent applications for various clients in the fields of medical devices, electronics, mechanical devices, software, internet-related applications, and numerous other technologies. www.patentstation.com /mdm/aboutmdm.htm   (488 words)

Job openings at the European Patent Office (EPO) An outstanding example of successful co-operation among European countries, the Organisation currently numbers 31 Member States and is set to expand further soon. As the patent granting authority for Europe with a strong global orientation, it received 178.579 patent applications in 2004. The attractive salaries are at a similar level to those of other international organisations. www.european-patent-office.org /epo/jobs/index.en.php   (422 words)

CIPO - Patent Examiner Recruitment CIPO offers job opportunities that are both interesting and challenging as well as possibilities for advancement. As part of CIPO's Patent Office, you will join a group of professionals with various unparalleled expertise. Your responsibilities will involve a wide range of activities aimed at serving Canadians with excellent intellectual property services. strategis.ic.gc.ca /sc_mrksv/cipo/patents/pt_employopps_p4-e.html   (147 words)

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