The advice to practitioners faced with marginally relevant prior art has long been "when in doubt, cite it." There was a small cost for the applicant (or practitioner) to cite such art by filing an ...
Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications as defined in 37 C.F.R. § 1.56 have a ...
When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner. Among other things, the patent examiner will compare ...
“The agency’s decision to mandate use of Form PTO/SB/133 for PTA statements follows a sampling of PTA statements submitted independent of the official form, which revealed a portion of statements that ...
On Thursday, October 25th, the U.S. Patent and Trademark Office published a notice in the Federal Register announcing the implementation of the first phase of the Access to Relevant Prior Art (RPA) ...
The PTA statute, 35 U.S.C. §154, provides for PTA in which a patent term may be extended beyond the standard 20-year term if the USPTO fails to act on a patent application in a timely manner. To ...
Maintaining transparency and candor with the USPTO is paramount. Failure to do so can have serious consequences, including a finding of inequitable conduct. Inequitable conduct is a form of fraud ...
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