The USPTO’s e-Petitions cannot be granted for petitions to revive an abandoned application if:Read more
Prosecution First Blog
The Prosecution First Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on developments and practical guidance related to patent prosecution before the United States Patent and Trademark Office (USPTO). It covers topics such as USPTO pilot programs, examination procedures, claim amendments, prior art searches, and procedural updates that impact patent applicants and practitioners. The blog provides updates on USPTO initiatives aimed at streamlining patent examination and offers pointers on compliance with USPTO filing and amendment requirements.
Latest from Prosecution First Blog - Page 2
No More AFCP 2.0!
In a Notice by the U.S. Patent and Trademark office dated October 1, 2024, the USPTO announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will end on December 14, 2024.Read more
Prosecution Pointer 426
By Publisher
An International Application is not a prior application as to the National Stage (they are legally the same application), therefore amended 37 CFR 1.78(a)(2) (Claiming benefit of earlier filing date and cross-references to other applications) does not apply.Read more
USPTO’s First-Time Filer Expedited Examination Pilot Program
The USPTO’s First-Time Filer Expedited Examination Pilot Program is part of a strategy to encourage more equity and diversity in innovation. The target is inventors new to the patent application process, including those historically geographically and economically excluded.Read more
Prosecution Pointer 425
By Publisher
For PCT applications, until international publication (18 months after the priority date), no third party is allowed access to an applicant’s international application unless applicant requests or authorizes it. If applicant wishes to withdraw the application (and applicant does so…
Prosecution Pointer 424
By Publisher
For PCT applications, as a rule, an international search is carried out for all international applications. There are instances, however, where the International Searching Authority (ISA) will not be able to carry out a search. For example, where the international…
The USPTO’s “Experimental Use Exception Request for Comments”
By Publisher
The USPTO released “Experimental Use Exception Request for Comments” in the Federal Register on Friday June 28, 2024. 89 Fed. Reg. 53,963 (June 28, 2024). Read more
Inherently Obvious: What is Happening?
“Inherently obvious.” Is that an oxymoron? Perhaps, but it’s a reality for patent practitioners.Read more
Prosecution Pointer 423
By Publisher
For PCT applications, as a rule, an international search is carried out for all international applications. There are instances, however, where the International Searching Authority (ISA) will not be able to carry out a search. For example, where the international…
Inherency Remains High Bar to Meet
Inherent anticipation arises when the prior art discloses a property that is “necessarily present.” Arbutus Biopharma Corp. v. Modernatx, Inc., 65 F.4th 656, 662 (Fed. Cir. 2023); Trintec Indus., Inc. v. Top-U.S.A. Corp., 295 F.3d 1292, 1295 (Fed. Cir. 2002).…