Insights & Information
Patent Cooperation Treaty
By: Joel Douglas, Eric Merenstein
The Patent Cooperation Treaty (PCT) is an international patent law treaty with over 150 contracting states. The PCT provides a procedure that enables at least one applicant to apply for patent protection for an invention in one or more of the contracting states on the basis of a single PCT patent application covering the invention...A Quick-Look Introduction to the USPTO’s New Patent Public Search System
by James Cottone
On February 1, 2022 the United States Patent and Trademark Office announced the launching of their new Patent Public Search tool, a system designed to “provide more convenient, remote, and robust full-text searching of all U.S. patents and published patent applications.” The new system builds on the capabilities of their four existing search tools, namely the Public-Examiner’s Automated...Examiner Interviews by Video
by Ed Ryan
The Examiner interview is the cornerstone of effective patent prosecution. A short conversation can advance prosecution more effectively than reams of written response. You have the opportunity to cut past all of the bluster of the official record, to find out what the Examiner’s true motivations are for their rejections, and to avoid leaving a paper trail for...You can’t live forever
By Rich Baker
As much as we don’t like to think about it, none of us will live forever. To protect our legacies, we can buy life insurance for our families, and...The Claim Contingency: How If-Then Language Can Sink a Patent
Edward Ryan Conditional language seems like a natural choice for describing computer-based inventions. The if-then structure mimics computer logic, allowing an algorithm to be translated directly into the claims. But, thanks to a counter-intuitive and inconsistently applied principle of claim interpretation, using this language can result in claim elements being ignored entirely--both in prosecution and in litigation. How are conditional claim limitations...
Roles of Patents in Innovation (Abridged)
By Dan Krueger
Let me begin by dividing the patent pool into three segments: (1) patents that you alone can use; (2) patents you can use but not exclude others from using (e.g., public domain or nonexclusive license); and (3) patents you can't use. Roles in Innovation for Patents You Alone Can Use I. Providing a barrier to competition Patents are intended to create...Never File a Continuation-in-Part