Widerman Malek Law Blog

PPH: Timing Is Everything

Written by Bill Harding Generally speaking, the various Patent Prosecution Highway (PPH) programs in which the United States has participated since 2006 have all allowed patent applicants to use successful examination of a patent application in one jurisdiction to expedite examination of a related application in another jurisdiction.  However, despite improvements in usability after years of […]

The Effect Of Listing An Improper Inventor On A Patent Application

The Effect Of Listing An Improper Inventor On A Patent Application

An inventor is someone that has had some sort of input into a claim that is listed in a patent application. If an improper inventor is listed on a patent application, then the patent that may eventually issue may be invalidated. This is also the case when not all of the inventors are listed on the patent application.

Who Is An Inventor In A Patent Application?

It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.

Getting A Refund From The Patent Office If You Are Now A Small Entity

By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office.  The first article introduced the new micro-entity status.  The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]

Continued Obligation to Monitor Small Entity Status in the Patent Office

By: Mark R. Malek As you may recall, my last couple of articles have been about the different statuses that an inventor can claim when paying fees to the United States Patent and Trademark Office (USPTO).  The first of these series of articles was an introduction to the micro-entity status, which allows inventors that qualify as […]

Reviving An Abandoned Patent Application

By: Mark R. Malek If you haven’t noticed, many of my posts lately have revolved around the questions that I get from various clients.  This one was a tough one. Not necessarily from the perspective of not knowing what to do, but having to hear the horror story from this client.  Unfortunately, it is a […]

Third Party Submissions

By: Dan Pierron Yet another part of the America Invents Act are Third Party Submission of Prior Art.  This presents the opportunity for ex parte participation in the form of introducing prior art to be considered by the examiner in a pending application.  This adds another tool in the arsenal of options for a party considering an […]

Life After Allowance – What’s a Patentee to Do?

By: Dan Pierron Receiving a notice of allowance is the patent equivalence of reaching the promised land.  After years of effort and expense, the Patent Office has deemed your application worthy of becoming a patent, and issued a Notice of Allowance accordingly.  However, this does not necessarily mean the end of the road as far as […]

Examiner Interviews – Time Well Spent

By: Dan Pierron The patent prosecution process can seem like a rather tedious enterprise with a faceless entity, the Patent Office.  In most cases, over 18 months (current average is over 21 months) transpires between the filing of a non-provisional application and your first response from a living, breathing person at the Patent Office.  This response will […]

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