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.…
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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…
What is a Request for Continued Examination (RCE) and when do you need it?
What is a Request for Continued Examination (RCE)? We’ve discussed how a patent Final Office Action is not really “final.” You will still have opportunities to…
How much does a trademark application cost?
What is the cost to file a trademark application? The initial filing cost of a trademark application depends primarily on the attorney’s fee for filing.…
How to Win a Patent Appeal: What is the cost and process for appealing a final rejection?
How to Deal with a Final Patent Rejection Sometimes, an ex parte appeal is your only reasonable option when your patent application has been repeatedly…
How to File a US Trademark Application Based on a Foreign Application or Registration
Will your US trademark application be based on a foreign trademark application or registration? A US trademark application may be filed for the same mark…
Are photos or color drawings allowed in a US patent application?
Color Drawings & Color Photographs in Utility Patent Applications Color drawings are acceptable in US patent applications, but not in international applications (see PCT Rule…
What happens after your nonprovisional utility patent application is filed?
What happens after your nonprovisional utility patent application is filed? So your utility nonprovisional patent application has been filed. Now what? Expect a long wait…
Ready to Slay Goliath?
Not sure where to start? Email US patent attorney Vic Lin at vlin@icaplaw.com.