Patent Applications

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.…

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 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…

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…

What are the PCT deadlines for a Chapter II Demand and Article 19 and 34 Amendments?

Preliminary Review of Claims in PCT Application Every PCT application automatically receives a prior art search and a written opinion on the invention’s novelty, inventive step…

Critical Patent Deadlines: How To Throw Away Your Patent Rights By Missing Due Dates

Critical Patent Deadlines If You Have Not Yet Applied If you haven’t yet filed a patent application on your invention, there are two critical deadlines…

What is the Post-Prosecution Pilot (P3) Program?

What is the P3 Program? P3 effectively combines two after-final pilot programs into one: the After Final Consideration Pilot (AFCP) 2.0 program; and the Pre-Appeal Brief Conference…

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