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Topic: Patent prosecution

	Patent Prosecution
		The first substantial patent prosecution communication from the patent office is generally an “office action,” in which the examiner is likely to make one or more statutory rejections of some or all claims, with an explanation of the legal basis for the rejection.
		If the patent prosecution of the application is successful, and the patent application is allowed, a notice of allowance is issued and the applicant is invited to pay the issue fee.
		Patent Validity: The first step in determining the validity of a patent is to check whether the patent term has expired or the maintenance fees have not been paid.
	www.maineandasmus.com /practice-areas/patents/patent-prosecution.htm (649 words)

	Patent prosecution - Wikipedia, the free encyclopedia
		Patent prosecution describes the interaction between an Applicant, or their representative, and a patent office with regard to a patent, or an application for a patent.
		Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents.
		Most patent applications have at least two components, including a general, written description of the invention and at least one "embodiment" of the invention, and a set of "claims" written in a special style and which precisely define exactly what the applicant regards as the particular features of his or her invention.
	en.wikipedia.org /wiki/Patent_prosecution (1814 words)

	Patent Prosecution (Site not responding. Last check: 2007-10-24)
		The filing of a patent application and correspondence with the US Patent and Trademark Office (PTO) to obtain a patent is commonly referred to as "patent prosecution".
		The provisional patent application was created as part of the latest General Agreement on Tariffs and Trade (GATT) and is intended to allow US applicants to obtain the same priority benefits accorded to those filing first in foreign countries.
		A provisional patent application is not examined by the PTO but may be referenced in a non-provisional application, filed within one year of the provisional application, to establish the earlier filing date.
	www.wbritchie.com /patent_prosecution.htm (690 words)

	DLA Piper \| US \| Services \| Patent Prosecution
		Importantly, every patent application we prepare, and every act in support of its prosecution, is done with the recognition that the patent may ultimately be enforced in litigation.
		Where a patent is to be the subject of licensing, we have lawyers who prepare a license agreement geared to that client and that patent, not something prepared from a form.
		We have created patent programs for a wide variety of commercial and institutional clients and chair the patent committees for a number of clients periodically in any given year to ensure inventions are protected before publication or commercialization.
	www.dlapiper.com /patent_prosecution (1807 words)

	Patent Prosecution Trademark Copyright Intellectual Property Attorneys, Schwegman Lundberg Woessner & Kluth, ...
		The Federal Circuit noted that claim 1 of the '855 patent is similar to claim 1 of the '531 patent, that the written description of both patents is identical, and that Elkay admitted that claim 1 of the '855 patent is patterned after a combination of claims that include claim 1 of the '531 patent.
		No infringement was found by the Court under the doctrine of equivalents of the '855 patent due to estoppels generated during the prosecution of the '531 patent given the formal relationship between the '531 and '855 patents, and Elkay's admission that the claim of one patent was patterned after a claim in the other patent.
		Second, because estoppel in the prosecution history of one patent may limit the scope of another patent, an applicant that has a family of patent applications deriving from one parent is advised to carefully consider the impact of the prosecution of each application on the other members of the family.
	www.slwk.com /CM/IPBulletins/IPBulletins51.asp (792 words)

	Course Description: Patent Prosecution (Site not responding. Last check: 2007-10-24)
		Patents have become the primary intellectual property asset that companies rely upon to protect their innovations and to maintain competitive advantage.
		The attention to and demand for patents, particularly in the software industry, results in part from evolution of the legal doctrines limiting the scope of copyright protection and in part, from the shift of technology that has moved tremendous functionality from the hardware domain into the software domain.
		In conjunction with these aspects of patent prosecution, it will address strategic patent counseling for clients, including a framework for identifying which inventions of a client are worth patenting, foreign patent fillings and strategy, establishing in house patent programs, and dealing with issues of on sale and publication bars under 35 USC § 102.
	www.law.stanford.edu /courses/d/PatentProsecution.html (328 words)

	Patent Prosecution - Inventors & Developers (Site not responding. Last check: 2007-10-24)
		Patent prosecution will result in either the issuance of a published patent or the rejection or abandonment of the application.
		However, because the Patent and Trademark Office has specific and often complex rules about the content and examination of applications and because patents are interpreted and enforced in court, inventors should be represented by a patent attorney or agent.
		The patent application is prepared by the patent attorney with the help of the inventor and is similar in many respects to a detailed scientific paper (the specifications and drawings) accompanied by one or more claims, which make up the legal definition of the invention.
	iurtc.iu.edu /ott/inventors/046.html (654 words)

	Patent Prosecution Highway (Pilot)
		Under the Patent Prosecution Highway, an applicant receiving a ruling from either the Japan Patent Office (JPO) or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications.
		The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.
		Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the Japan Patent Office (signed 22May2006)
	www.uspto.gov /web/patents/pph/pph_index.html (294 words)

	Patent Prospector: Prosecution Archives (Site not responding. Last check: 2007-10-24)
		As expected in the normal course of such affairs, the patent office issued a non-final rejection of the 19 broadest claims (of 46) in its reexamination of 4,698,672, the notorious JPEG patent; a reexam prompted by the self-appointed guardian of the patent public interest: PUBPAT.
		Patent prosecutors across the country are echoing Patent Hawk in crying foul at the patent office for unfairly shifting the burden of examination onto prosecutors, limiting examinations, and hurting the prospects for deserved patent protection.
		Patent litigation defendants, technology companies in particular, are increasingly turning to ex parte (external party) initiation of re-examination to dispose of patents which the courts have found them guilty of infringing.
	patenthawk.com /blog/archives/prosecution (2680 words)

	Patently-O: Patent Law Blog
		In a decision earlier this year, the CAFC found that Bruckelmyer's patents were obviated by the contents of a Canadian patent file history — thus affirming a summary judgment of invalidity.
		In patent litigation involving patented computer-to-plate printing technology, the Massachusetts district court held a bench trial on the issues of inequitable conduct and enforceability before a jury trial on infringement and invalidity.
		Unlike other areas of IP law, patents really are valid only for “limited Times” and when those years have passed the property right evaporates — leaving the inventions “free as the air to common use.” (In the words of Justice Brandeis).
	patentlaw.typepad.com /patent (3469 words)

	Patent Prosecution Overview
		The rules applicable to patent prosecution and the procedural and substantive choices which can be made are at times endless.
		Patent prosecution is the term used to describe the patent application process from the point in time that the Patent Office, through an examiner, begins working on the application that is filed by the inventor or an attorney representing the inventor.
		The prosecution process sees applicants go back and forth with the examiner in order to attempt to persuade the examiner that there is subject matter that is patentable.
	www.ipwatchdog.com /patent_prosecution.html (1292 words)

	Patent Prospector: Dispensing Claim Construction
		Accordingly, we examine the patent’s prosecution history, when placed in evidence, to determine whether the inventor disclaimed a particular interpretation of a claim term during the prosecution of the patent in suit or during the prosecution of an ancestor application.
		Because claims 1 and 5 of the ’861 patent use different claim language—that is, they do not require that reagent be “dispensable directly to a sample”—the alleged disclaimer of “sip and spit” dispensing during the prosecution of the ’052 application does not apply to the asserted claims of the ’861 patent.
		The ’861 patent is part of a family of six other patents sharing a common specification, although only claim 15 of the ’707 patent expressly recites “direct dispensing.” Claim 1 of application 07/924,052, which eventually was abandoned, was amended to include the word “direct dispensing” in order to overcome prior art.
	www.patenthawk.com /blog/2006/12/dispensing_claim_construction_1.html (2347 words)

	Patent Prosecution Process (Site not responding. Last check: 2007-10-24)
		Typically, an application for a patent is prepared by a professional agent known as a patent attorney or patent agent, who files the application with a patent office.
		However, in the United States a patent application must be filed in the name of the actual inventor or inventors, although the application can be assigned to another party, such as the employer of the inventor.
		Different patent systems use different terms and different standards for these concepts, of which the most important probably are: patentable subject matter, novelty, non-obviousness and sufficient disclosure.
	www.patents-i.net /topics/patent-prosecution-process.html (509 words)

	Patent prosecution
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	www.parkerip.com /sitemap/patent-prosecution.html (1217 words)

	Patent Preparation Prosecution Attorneys Baton Rouge Louisiana Lawyer
		A patent may be obtained for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement.
		Patents grant the right to exclude others from making, using, or selling your invention for a specific period of time.
		With numerous and complex rules specifying exactly how a patent application must be prepared and submitted, it is possible for the uninitiated to miss a step and fall short of an enforceable claim.
	www.patentcounsel.com /PracticeAreas/PatentPreparation.asp (361 words)

	Microtopia - Canadian Patent prosecution
		The Examiner rejected claim 9, under Section 34(2), as being indefinite because the term "association" recited in element (d) is not elaborated upon and is not connected to the other recited elements, and it is not clear if "module informa-tion" recited in element (b) is the same as the one in recited element (c).
		The code server of claims 1 and 25 patentably distinguish over Horn by claiming a module information table containing module information to assist in the formation of an association within the operating system at a point prior to execution time of the multimodule program being associated.
		Claims 2-8 depend from claim 1, either directly or indirectly, and are patentable for the same reasons as asserted for claim 1.
	www.microtopia.net /canadianpatent.html (1221 words)

	Web Site of the Law Office of Tim J. Lane (Site not responding. Last check: 2007-10-24)
		Lane strongly believes in the value of strategic patent planning, and is ready to assist clients at applying their prosecution dollars on the most promising portion of their technology.
		Lane believes that too often in the patent prosecution business, patents are obtained for projects that are unlikely to yield a substantial financial reward for the the client.
		Lane is a skilled patent prosecutor, and regularly performs the gambit of patent prosecution tasks.
	www.patentime.com /practice.html (900 words)

	Patently-O: Patent Law Blog: Patent Prosecution
		Thus, a patent holder may be able to convince the PTO of an absence of a “substantial new question of patentability” and avoid the reexamination proceeding altogether.
		In a bit of give-and-take, the proposal would also prohibit supplemental patent owner responses to an Office Action without a showing of sufficient cause.* Comments on the proposed change are due by May 30, 2006 and should be e-mailed to AB77.comments@uspto.gov.
		It is also unlikely that patent attorneys would seriously stick to the practice of initially drafting claims that will eventually be deleted — this is especially true in the fast-paced area of provisional applications.
	patentlaw.typepad.com /patent/patent_prosecution (5781 words)

	Foreign Patent Prosecution - Brian Cheslek (Site not responding. Last check: 2007-10-24)
		Despite patent law’s consistent attempts to banish the creature of ambiguity from the judicial realm, it still manages to force its way through the courtroom doors and wreak havoc on the consistency of claim interpretation and, consequently, the reliability of United States patents.
		The patent claims do not describe the invention, but instead provide a line marking the limits of the patentee’s right to exclude others from using the “claimed” invention.
		The coordination of prosecution, domestic and foreign, is further complicated by the use of extrinsic evidence in infringement suits.
	www.jmls.edu /ripl/vol3/issue1/cheslek-middle.html (4498 words)

	Patent Prosecution (BitLaw)
		The first formal correspondence from the Patent and Trademark Office concerning the patentability of the invention is in the form of a first "office action," which is normally mailed to the applicant's patent attorney.
		If a patent is rejected, it is generally because the claims are not new in comparison to the prior art, or because the improvements made over the prior art are obvious.
		If the decision of the Board of Patent Appeals and Interferences is adverse to the applicant, an appeal may be taken to the Court of Appeals for the Federal Circuit or a civil action may be filed against the Commissioner in the United States District Court for the District of Columbia.
	www.bitlaw.com /patent/prosecution.html (1235 words)

	Ropes & Gray LLP: Patent Prosecution & Applications (Site not responding. Last check: 2007-10-24)
		Obtaining patents on inventions and innovations may well be the best-known way to protect the value of intellectual property.
		As such, the patent application and prosecution process is a central element of Fish and Neave IP Group work.
		These registered patent attorneys are supported in their work by more than 25 patent agents (non-lawyers who are registered to practice with the PTO) and technical advisors, many of whom hold science or engineering Ph.D.s.
	www.ropesgray.com /fnippatentprosecution (220 words)

	Patent Prospector: Prosecution Archives
		Patent prosecutors across the country are echoing Patent Hawk in crying foul at the patent office for unfairly shifting the burden of examination onto prosecutors, limiting examinations, and hurting the prospects for deserved patent protection.
		The NY Times reported that the patent office, in a letter dated November 30, sent along with a rejection of extension of time for reply, has already told both NTP and RIM that a reexamination final rejection of NTP's patents is pending.
		Patent litigation defendants, technology companies in particular, are increasingly turning to ex parte (external party) initiation of re-examination to dispose of patents which the courts have found them guilty of infringing.
	www.patenthawk.com /blog/prosecution (3737 words)

	International Patent Services, US Patent Prosecution Firm, Offshore Patent Application Preparation Outsourcing India
		Patent prosecution quality often suffers in general practice law firms (e.g., large law firms with many attorneys practicing in diverse areas), because many such firms see patent prosecution as a "loss-leader" for litigation, licensing, and corporate work.
		Some general practice firms claim that because they do both patent litigation and patent prosecution, they are at an advantage in doing patent prosecution because their prosecutors understand issues that come up during litigation.
		The patent prosecution profession is highly specialized in the United States, requiring that candidates have strong technical undergraduate degrees, attend and complete a difficult legal doctorate degree at a U.S. university, take a difficult U.S. patent bar exam, and take an equally difficult general state bar exam.
	www.rajpatent.com /general.php?headline=FAQs (1238 words)

	Amazon.com: Patent Prosecution: Books: Irah H. Donner (Site not responding. Last check: 2007-10-24)
		Patent Prosecution: Law, Practice, and Procedure, is the new title of Patent Prosecution: Practice and Procedure Before the U.S. Patent Office.
		Patent Prosecution: Law, Practice, and Procedure, is the only source that gives you an element-by-element analysis of the substantive areas of patent law that form the basis of common rejections and objections you get from the U.S. Patent Office.
		Patent Office procedure that nonpublication request requires affirmative intent by the applicant that the application will not be the subject of a foreign application requiring 18-month publication Phillips v.
	www.amazon.com /Patent-Prosecution-Irah-H-Donner/dp/157018514X (1302 words)

	PATENT PROSECUTION/ISSUANCE (Site not responding. Last check: 2007-10-24)
		A patent advisor/contract attorney contacts FDA inventor during patient application preparation as necessary.
		At this point a patent may be issued.
		The invention is licensed by OTT on behalf of FDA.
	www.fda.gov /oc/ofacs/partnership/techtran/usgovt.htm (83 words)

	Patent Prosecution - Practice Areas - Fitzpatrick, Cella, Harper & Scinto - Intellectual Property Law - New York, ...
		With over 50 experienced attorneys, including many former PTO Examiners, our patent prosecution group has successfully prosecuted patents in all technologies, including the electronic, chemical, biotechnology and mechanical arts, for clients ranging from Fortune 100 corporations to internet start-ups.
		We also advise on the strategic aspects of patent prosecution, helping our clients develop an appropriate and cost-effective patent portfolio.
		We have extensive experience in all aspects of patent prosecution, including specialized and sophisticated areas that many smaller firms rarely handle.
	www.fchs.com /practice/patent.cfm (335 words)

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