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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…]

WHIPgroup Overcomes Rejection Through Another Successful Pre-Appeal Brief

November, 29th, 2018

WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection.  During prosecution, the USPTO rejected claims directed to a method for depositing a group IV crystal layer on a [Read More…]

Video Gaming: Patent Law’s 12-Figure Secret

November, 27th, 2018

By Andrew P. Siuta   Consumers are estimated to spend over $135 billion dollars on video games in 2018.  Over half of this 12-figure industry is expected to be spent on mobile gaming.  This is [Read More…]

WHIPgroup Obtains Allowance Using the AFCP Program

November, 16th, 2018

WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]

WHIPgroup Succeeds in Overcoming Rejections with Pre-Appeal Brief Review

November, 15th, 2018

WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection.  During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]

Examiner Reversed on All Obviousness Grounds on Appeal

November, 14th, 2018

WHIPgroup successfully argued to the Patent Trial and Appeal Board that its client’s invention is patentable over an examiner’s rejection.  The claimed invention is directed to a medical instrument that more easily and reliably identifies [Read More…]

Things Crisp Up in the CRISPR-Cas9 Case

October, 30th, 2018

By Mackenzie L. Long In a recent decision, the Federal Circuit Court of Appeals (“CAFC”) handed a win for one CRISPR researcher and a loss for a rival. CRISPR stands for Clustered Regularly Interspaced Short [Read More…]

Can On-Sale Bar Apply to “Secret Sales”?

October, 24th, 2018

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

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