Is software patentable?
Yes, software can be patented. However, the road to a granted patent may be long, frustrating and expensive. Let’s dive into the factors that can…
The Largest Free Patent and Trademark Q&A Resource: 550+ Posts on IP
Why conduct a patent examiner interview?
What is a patent examiner interview? Patent examiners are human. This simple truth is often overlooked in the back-and-forth written communications with the USPTO. An…
How to Renew a Trademark Registration
How do you renew a trademark registration? Unlike patents which expire on a definite date, the term of a trademark registration may continue indefinitely as…
How does a patent extension of time work?
What is a patent extension of time? Responses to Office Actions may typically be extended. A typical patent Office Action provides the applicant with a…
Not trademarkable: What can’t be trademarked?
What is trademarkable? To be trademarkable means that a word or phrase is capable of trademark registration. That is to say, a mark must meet…
IDS Fees and Deadlines: When to file and how much?
USPTO IDS Fees Depend upon Timing Applicants have an obligation to tell the USPTO about known prior art that is relevant to their patent applications.…
What is an obvious invention (Section 103 rejection)?
What makes a patent pending invention obvious? A Section 103 rejection based on obviousness is one of the most common rejections in utility patent applications.…
Novel Invention: How to Respond to a Section 102 Novelty Patent Rejection
What is a novel invention? Patent novelty refers to the uniqueness of an invention. To be patentable, an invention must be both novel and nonobvious. An…
Who owns the patent rights (patent owner vs. applicant vs. assignee)?
Who is the patent owner? US law presumes that a patent application is owned by the individual inventor(s) unless another person or entity is properly identified and…
CIP vs. Continuation: Which should you file?
CIP or Continuation: What are the differences? Both types of patent applications fall under the category of a continuing application. A continuing application is a…
Which countries are not PCT members?
Which countries are not members of the PCT? Since the PCT does not cover every country, applicants interested in foreign patent protection must keep in mind the…
Section 101 patent rejection: What is ineligible subject matter?
What does patent ineligible mean? Not everything is patentable. US courts have recently drawn a line between eligible versus ineligible subject matter for patent protection.…
Trademark Office Action: What a Successful Refusal Argument Looks Like
What is a trademark Office Action? When you apply to register a trademark with the USPTO, your trademark application will be assigned to a trademark…
When Should You Request An Extension of Time for Filing a Statement of Use?
When do you have to submit evidence of trademark use? In an Intent-To-Use (ITU) trademark application, you have six months from the Notice of Allowance…
How much does a nonprovisional utility patent application cost?
How much is the initial filing cost of a utility nonprovisional patent application? By far, the biggest component in determining the cost of a nonprovisional…
