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 the class of direct infringers relative to method of use claims but are…
Read MoreTag: patent prosecution
Although the America Invents Act (AIA) was signed into law in September 2011, the “first inventor to file” provisions did not immediately take effect. However, they will take effect in less than two months. Are you ready? The shift to a first inventor to file system represents a significant change in U.S. Patent Law that…
Read MoreClients often want to know how long it will take them to get a patent. Of course, whether they get one at all will depend on whether their invention is novel and non-obvious as well as how broadly their claims are drafted. However, those questions aside, there is also the issue of how quickly the…
Read MoreMany companies build an IP portfolio around particular products, and the portfolio evolves over time as new refinements and improvements to the original concept are developed. This sometimes raises the question of whether various different inventions should be consolidated into a single application or split into separate applications. One benefit to consolidation is that it…
Read MorePatent applicants who are new to the patenting process often ask whether they need to do a patentability search prior to filing a patent application. The answer is it depends. Except in the case of applicants who are seeking to have the examination process expedited, the U.S. Patent & Trademark Office (“PTO”) does not require…
Read MoreBefore you begin spending money on the patenting process, it is important to clarify what you hope to achieve with patents. Too many times, we have encountered clients who dove into the process without a clear understanding of what they hoped to achieve, only to be disappointed at the results and the expense of getting…
Read MoreWhen is the last time you took a look at the claims of your patent applications that are still pending? Was it when you filed the applications? How long ago was that? If you are waiting for a first office action from the U.S. Patent & Trademark Office, it may have been over two years…
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