In this electronic age of the USPTO’s Patent Center, the USPTO still accepts personal deliveries of patent applications. The USPTO’s address for deliveries is: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 3
Prosecution Pointer 421
There is a third-party observation system in PCT applications. Under Part 8, Section 801, the IB provides an electronic system for third parties to make observations referring to prior art that they believe to be relevant to the question of…
Filing of Plant Applications in USPTO’s Patent Center Appears to Have Taken Root
The United States Patent and Trademark Office “USPTO” recently added Nonprovisional Plant Applications under 35 U.S.C. § 161 as a new submission type in Patent Center and has instructed practitioners that such plant patent applications should be filed under this…
USPTO Issues Proposed Rulemaking Notice Relating to Terminal Disclaimer Practice
Means-Plus-Function and Step-Plus-Function Claim Limitations (35 U.S.C. 112(f)): Memo to Examiners from the USPTO
On March 18, 2024, the United States Patent and Trademark Office (USPTO) sought to improve clarity of the patent prosecution record through providing patent examiners with reminders and increased guidance on analyzing means-plus-function and step-plus-functions claims.[1] Resources for Examining…
Prosecution Pointer 420
The USPTO has a webpage that contains training materials and resources used to instruct patent examiners regarding the design patent application examination process. These can provide inventors, applicants, and practitioners with information on the practices and procedures relating to the…
Prosecution Pointer 419
The First-Time Filer Expedited Examination Pilot Program, implemented by the U.S. Patent and Trademark Office (USPTO) and its Council for Inclusive Innovation (CI2) is designed to increase accessibility to the patent system for inventors who are new to the patent…
Prosecution Pointer 418
If a US patent maintenance fee has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate an expired…
Navigating the Nuances of § 102(e): A Critical Look at State Designation in PCT Applications and Its Impact on Patent Litigation
Patent practitioners continue to navigate the complexities introduced by the America Invents Act (AIA); they focus, however, less on the nuances of pre-AIA provisions. Yet, a recent ruling by the U.S. District Court for the District of Minnesota highlights a…
Prosecution Pointer 417
The AccessUSPTO pilot program works with national organizations and the public that do not specifically focus on intellectual property (IP), but whose members include aspiring creators, entrepreneurs, and inventors that could benefit from knowing how to protect their ideas, creations,…