Author: PowerPatent Content Team
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Berkheimer-Style Evidence: Using Facts to Win 101
If you’re building something new—something that uses code, AI, or any kind of tech—you’ve probably heard this before: “Your patent might not survive a 101 challenge.” That sentence can stop your momentum fast. It sounds like legal doom. And the truth is, Section 101 of the patent law (the one that says your invention must…
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Claim Amend or Argue? A Decision Tree for 101 Responses
You’ve built something new. Something that solves a real problem. You’re moving fast, talking to users, shipping updates, maybe even raising a round. Then the USPTO sends back a rejection under 35 U.S.C. § 101. Your patent application is getting blocked because they say your invention isn’t “eligible.” You hit a wall. What is a…
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102 Anticipation: How to Prove a Reference Doesn’t Teach Your Claim
You’ve come up with something new. You know it’s valuable. You’re ready to protect it. But suddenly, the patent examiner pushes back. They say your idea isn’t new. They point to something already out there—a patent, a paper, a product. They call it a “102 rejection.” They say it anticipates your invention. And just like…
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Non-Enabling Prior Art: Turn a 102 Rejection on Its Head
So you got a 102 rejection. That dreaded letter from the USPTO saying your invention isn’t new. Your stomach sinks. You think, “Did someone already beat me to it?” And suddenly, all the excitement about your idea starts to fade. What Is Non-Enabling Prior Art (And Why It Matters)? Understanding the Business Risk Behind It…
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Hidden Assumptions in 102: Attack Inherency the Right Way
You’ve probably heard it before. “Your invention isn’t new. It’s already out there.” That’s what 102 rejections are all about. The USPTO is saying your idea was already known or used by someone else before you filed your patent. But what if that’s not really true? What Inherency Really Means (And Why It’s So Dangerous)…
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AI Forecasts: Likely Rejections and Best Responses
If you’re building something new, chances are you’ve thought about patents. Or maybe you haven’t, because just the thought of filing one sounds like a total mess. Too slow. Too expensive. Too many unknowns. And what if it gets rejected after months of waiting? The Hidden Game Inside Patent Rejections It’s not just about the…
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Docket Load & Backlog: Timing Your Moves
Every founder, engineer, or inventor building something new has a clock ticking. But it’s not just the product roadmap or your next funding round. There’s another silent timer running in the background: your patent docket. And if you don’t understand how it works—or worse, ignore it—you might end up stuck, late, or blocked from protecting…
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Restriction Requirements: Which Examiners Pull Them
If you’re building something new—code, hardware, AI models, anything—you already have enough on your plate. You’re moving fast, breaking things, fixing them again. The last thing you want is a surprise delay from the patent office. But it happens. One common curveball? Something called a restriction requirement. It sounds small. But it can slow you…
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Map Prior-Art Preferences by Examiner
Getting a patent approved isn’t just about having a great invention. It’s also about knowing how to navigate the system—especially when it comes to the examiner reviewing your application. Understanding the Hidden Power of Examiner Behavior Every Examiner is Different. That’s Not a Problem—It’s an Opportunity. Here’s something most founders don’t realize: your patent application…
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Interview Summaries That Persuade (and Protect the Record)
If you’re building something new—software, hardware, AI, biotech, anything that pushes boundaries—your ideas are everything. They’re what give your startup a shot. They’re what attract funding, users, and talent. They’re also what others might try to copy, twist, or claim as their own. Start with What Matters Most Don’t just capture what was said—capture what…