Have Your Cake and Eat It Too – Obtaining Broad Claims That Define a Device or Apparatus Based on How it Works

Pros and Cons of Apparatus and Method of Use Claims Devices or apparatuses can often be protected by using two kinds of patent claims: apparatus and method of use claims. Each approach has its benefits and drawbacks. In general, apparatus claims expand
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Are You and Your Patent Attorney Challenging Each Other?

Since we have been living with managed medical care for some time, many people have become accustomed to the idea that they need to act as their own advocate when dealing with medical professionals.  Thus, we have become more comfortable with questioning
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Are Your Competitors Gaining On You? – Monitoring Competitor Patent Activities

How aware are you of your competitor’s patenting activities? Are they seeking patents that could impact your development of future product lines in your technology area? Are they moving into new technologies that could be game-changers? Are new players entering your space?
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It Ain’t Over ‘Til It’s Over- Federal Circuit Court of Appeals Strengthens Reexamination Process

On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the
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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
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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
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