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Amendments or Arguments after Final Rejection may be Accepted under new USPTO Pilot Program

The After Final Consideration Pilot (AFCP) is part of the USPTO’s on-going efforts towards compact prosecution and increased collaboration between examiners, inventors and the patent bar. Certain requirements must be met to qualify for the provisions of the AFCP.  For example: 1. The amendment places the application in condition for allowance by canceling claims or [...]

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America Invents Act – Elimination of Twelve Month Grace Period

One of the major changes to the patent system advanced by the America Invents Act (AIA) is that, starting March 16, 2013, the US will change from the previous first-to-invent system, to a first-to-file system.  Under the old system, 35 U.S.C. § 102(b) stated that “a person shall be entitled to a patent unless the invention was [...]

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Patent Applications

A patent is a grant that is issued by the United States Government that gives you the right to exclude all others from making, using or selling the claimed subject matter of your patent, or its equivalents. Before you decide to pursue your idea, you should be confident that a market exists for you new [...]

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Patents

Background A patent is a grant that is issued by the United States Government that gives you the right to exclude all others from making, using or selling the claimed subject matter of your patent, or its equivalents. Before you decide to pursue your idea, you should be confident that a market exists for you [...]

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USPTO Amends Rules Related to the Appeal of Rejected Patent Claims

The United States Patent and Trademark Office (“USPTO”) has amended the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The rules apply to patent applications in which an appeal is filed by the applicant because the applicant does not agree with the patent examiner’s [...]

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