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Widerman Malek Law Blog

Amending A Patent Application After Allowance

By: Mark R. Malek As has often been the case with some of my articles in the past, I like to introduce little practice tips as something interesting happens in my day to day life of prosecuting patent applications here at Widerman & Malek.  I recently received a call from an Examiner on a case […]

Reviving A Patent That Was Abandoned For Failure To Pay Maintenance Fees

By: Mark R. Malek You may recall that my last article was directed to the requirement to pay maintenance fees in order to keep your patent alive.  As was discussed in that article, maintenance fees must be paid at 3.5 years, 7.5 years and 11.5 years after the patent has issued. When someone has not paid […]

Patent Maintenance Fees

By: Mark R. Malek So you have just received your Notice of Allowance for your patent application.  In the Notice of Allowance, there is a requirement for you to pay an issue fee and a publication fee.  You may have paid the publication fee early pursuant to a request for early publication.  Section 1129 of […]

There Is No Such Thing As A Complete Patent Search

By: Mark R. Malek My previous articles (see them here, here and here) have provided information on the requirements of disclosing prior art and about how to do some prior art searching.  Many times, I am asked by a client to provide them a “complete” patent search that locates every piece of related prior art […]

Where to Search for Prior Art

By: Mark R. Malek The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process.  The next article tried to give some information about what constituted prior art.  Now that we know what prior art is, let’s go over some good […]

What is Prior Art?

By: Mark R. Malek In my last article, I noted that an inventor has a duty to disclose prior art that they know of  when filing a patent application.  But what is prior art?  The answer to this question is extraordinarily important in determining not only patentability of an invention, but also in determining whether or […]

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