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Widerman Malek Law Blog

Pre-Issuance Submissions – To Submit or Not Submit?

By: Dan Pierron Included in the changes with the AIA was the ability for third parties, those not under a duty to disclose prior art to the patent office for a  given pending application, to submit prior art. There have been numerous articles about the particularities of the statute, which need to be read and understood […]

MPEP Rules are NOT Up-to-Date! BEWARE!

By: Sandra Jackson Just recently, I was asked to research a patent question.  This required me to look for the answer in the patent Bible, otherwise known as the Manual of Patent Examining Procedure (MPEP).  To solve the issue that I was asked to research, I prepared the necessary documents as outlined in the MPEP, […]

Changes in Filing Strategy Since First-to-File Arrived

By: Dan Pierron The America Invents Act brought with it many changes, the largest of which, arguably, is the migration from First-to-Invent to First-to-File, with the first inventor to file an application with the USPTO having priority for that invention.  While this system is still nascent in the U.S., I have already found there are […]

I’ve posted an App to the App Store without filing a patent application…Can I still Protect it?

The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]

First-to-File and Continuation Applications

By: Dan Pierron As has been well publicized, starting March 16, the U.S. patent system will join the rest of the world by transitioning from a First-to-Invent system to a First-to-File system, where regardless of when they invented it, the first applicant to file an application with the USPTO has priority.  Many are predicting a torrent of […]

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