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Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

Extending Your Patent’s Life Utilizing Appeals

December, 18th, 2018

By Michael J. Kosma Once issued, the life of a patent extends twenty years from the date it was filed. While the time between filing and issuance is generally lost because the patent is not [Read More…]

Get Your Patent Faster Using Pre-Appeal Briefs

September, 18th, 2018

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

Why Examiners Like RCEs (and why you shouldn’t)

February, 12th, 2018

By Stephen F.W. Ball, Jr. The USPTO’s “count system” is used to try to objectively measure examiner performance, and the categories “production” and “docket management” are over half of overall examiner performance measurement.[1] The reason it [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

The P3 Program Warrants Extension

March, 10th, 2017

By Benjamin N. Luehrs and Robert D. Keeler On January 12, 2017, the USPTO’s Post-Prosecution Pilot (P3) Program concluded its six-month term, having accepted over 1,500 applications. P3’s aim was (1) to increase communication between [Read More…]

WHIPgroup Obtains Rapid USPTO Allowance of Computer-based Claims Following RCE

October, 21st, 2015

After an unsuccessful appeal on a patent prosecution case inherited from another firm, Whitmyer IP Group filed a Request for Continued Examination (RCE), presenting a new set of claims based on careful analysis of the [Read More…]

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