Author: Aindrila Mitra
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Building the Record: Make Your File History Appeal-Ready
Getting a patent isn’t just about having a great idea. It’s about building a record that tells your invention’s story clearly, confidently, and completely. Every word, drawing, and argument in your patent file becomes part of that story. It’s what examiners, judges, and even investors will look at to understand what makes your invention real…
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Should You File a Continuation Instead of Appealing?
When you get a patent rejection, it can feel like someone slammed the brakes on your entire startup. You’ve poured months—sometimes years—into building something new, something that could change the game. Then, the patent office says no. It’s frustrating, confusing, and a little personal. What a Continuation Really Means—and Why It’s a Hidden Advantage When…
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AFCP 2.0 vs. RCE: Which One Gets You to Allowance Faster?
When your patent application hits a wall, it can feel like being stuck in traffic with no way to move forward. You’ve spent months—maybe years—developing your idea, only to have the examiner reject your claims again. Now you’re faced with a choice: file a Request for Continued Examination (RCE) or try for an After Final…
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Timing an RCE: Preserve Momentum Without Resetting Everything
You’ve come a long way. You filed your patent application, responded to office actions, and fought hard to show why your invention deserves protection. But now you’re at a crossroads — the examiner still isn’t convinced, and you’re staring at one last decision: should you file a Request for Continued Examination (RCE)? What Really Happens…
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Appeal Outcomes: What Happens If You Win or Lose
When your patent application gets rejected, it can feel like a punch to the gut. You’ve poured time, money, and brainpower into something you believe in—and now an examiner says no. But a rejection doesn’t always mean the end. It often just means the next step is an appeal. When You Win: How a Successful…
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Evidence on Appeal: Declarations, Data, and New Arguments
When a patent application is rejected, most founders feel that gut punch. You’ve poured time, money, and heart into protecting your idea—only to see “Final Rejection” in black and white. But that’s not the end of the road. In fact, that’s often where the real strategy begins. An appeal is your second chance to tell…
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RCE Traps to Avoid: Recycling Arguments That Don’t Move the Needle
Every patent attorney and startup founder who’s been through the patent process knows the feeling. You’ve spent months crafting an application, you’ve handled an Office Action, and then comes that familiar next step — the Request for Continued Examination, or RCE. It sounds simple enough: file it, make another argument, and move forward. But here’s…
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How to Write a Persuasive Notice of Appeal and Appeal Brief
Sometimes, even the best inventions face a “no.” You pour your heart into an idea, draft the claims carefully, respond to every office action, and still—the USPTO says no. It feels unfair, but the story doesn’t have to end there. That’s where an appeal comes in. A Notice of Appeal and an Appeal Brief give…
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After Final Strategy: Interview First or Go Straight to Appeal?
When you get a Final Office Action, it can feel like hitting a wall. You’ve already gone back and forth with the patent examiner. You’ve revised, argued, adjusted. And now the USPTO says it’s “final.” But here’s the truth: “final” doesn’t mean the end of the road. It means you’re at a fork in the…
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Pre-Appeal vs. Full Appeal: Decision Checklist
When your patent application gets rejected, it feels like a punch to the gut. You’ve poured time, money, and energy into building something real — and suddenly an examiner says no. But here’s the thing: a rejection isn’t the end. It’s just another step. What matters is what you do next. How to Know If…