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Archives for February, 2013

Which Patent Law Will Apply to My Application After March 16, 2013?

As we discussed last month, the “first inventor to file” provisions of the America Invents Act (AIA) go into effect next month on March 16.  The USPTO issued its final rules for implementing the AIA last week, and a copy of the rules can be found here. Figuring out whether the AIA or pre-AIA law governs…

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Improving Patent Quality – Putting Teeth Into the Enablement Requirement

The U.S. Patent & Trademark Office (PTO) recently requested public comment on how applicants can improve patent quality.  The PTO’s Notice describes possible procedures such as requiring applicants to correlate claim terms to the specification and state whether examples are intended to be limiting or merely illustrative and requiring applicants to provide glossaries of potentially…

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Can You Revive Your Abandoned Patent Application? – Petitions to Revive

Failure to take certain required actions can result in the abandonment of a U.S. patent application or issued patent.  For example, if an office action is not replied to within six months of issuance or if an issue fee is not paid within three months of the issuance of a Notice of Allowance, a patent…

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