Fast-Track Examination

A pilot program of the Trilateral Patent Cooperation Treaty (“PCT”)-Patent Prosecution Highway began January 29, 2010, and is planned to run for two years. The program fast-tracks patent examinations in the European Patent Office (“EPO”), the Japan Patent Office (“JPO”)…

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Restriction Practice Now Under Scrutiny

For all those who have been confused and/or down right frustrated by a restriction requirement or two … (Haven’t we all?) … the United States Patent and Trademark Office will be accepting written public comments on restriction practice until August…

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Patentability Search – Why Bother?

When discussing the fundamentals of patent law with potential clients, we are often asked whether it is necessary, and whether it is a good idea, to conduct a patentability search.  The bottom line is that there is no requirement to…

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Patent Examiner, Will You Please Ignore My Recent Issue Fee Payment Until After You’ve Considered This New Reference?

Occasionally, a patent practitioner will become aware of a prior art reference after the issue fee has been paid, and the question becomes—will the examiner consider the reference at this late stage? The short answer is “yes”.  But as you…

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USPTO Opens “Project Exchange” Program To All Applicants

On November 6, 2009, the USPTO announced the initiation of a program called “Project Exchange.”  This program was initially limited to applicants claiming small entity status; however, the USPTO has more recently announced that this program will be available to…

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