Category: General IP Management
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103 Obviousness: Motivation to Combine—Build or Break It
You’ve built something new. Maybe it’s code. Maybe it’s hardware. Maybe it’s a new way of using existing tech. It’s working. It’s exciting. And now you’re thinking: should I patent this? Then someone throws out a scary phrase: “Section 103 obviousness.” What is “Motivation to Combine”? The Business Impact Behind the Legal Language For most…
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Teaching Away & Unexpected Results: The 103 Evidence Pack
You’ve built something new. Maybe it’s a smarter way to process data, a clever algorithm, a unique machine learning model, or even just a better tool to solve a problem others gave up on. You know it works. You know it’s different. But how do you protect it? What is “Teaching Away” and Why Should…
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Analogous Art in 103: Keep Out the Wrong References
If you’re building something new and want a patent, there’s one sneaky way your patent can get blocked before it even gets a chance: the examiner pulls in a reference from a totally different space. Something that sounds similar but has nothing to do with your invention. This is what we call analogous art in…
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Ranges & Overlap: Winning 103 with Criticality
If you’re building something new and important, you need to protect it. That usually means patents. But there’s one big hurdle that trips up a lot of startups and inventors: the USPTO’s Section 103. It’s the rule that says your idea can’t just be new—it also has to be non-obvious. And that’s where things get…
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112 Enablement: Wands Factors Checklist You Can Reuse
If you’re building something new—a product, a platform, a machine, or a breakthrough piece of tech—you probably care about speed. You want to move fast. Launch fast. Ship fast. And yes, protect fast. But when it comes to patents, there’s a part that can trip up even the smartest founders: Section 112 of U.S. patent…
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112 Written Description: Showing Support Without Rewriting
There’s one part of the patent rulebook that quietly trips up a lot of smart founders and engineers. It’s not because it’s complicated. It’s because it’s often misunderstood. It’s called the written description requirement under Section 112 of the U.S. patent laws. What Section 112 Really Means (And Why It’s So Easy to Miss) The…
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112 Indefiniteness: Fixing Fuzzy Terms Fast
Most founders don’t think about it until it’s too late. You file your patent. It seems fine. But later — maybe during funding, acquisition, or a legal review — someone finds it. A vague word. A fuzzy phrase. Something you thought was “clear enough.” What is 112 Indefiniteness — and Why It Can Blow Up…
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Means-Plus-Function (112(f)): Build Support That Survives
Let’s get right to it. If you’re building something new—an invention, a product, a piece of software—you want protection. Real protection. The kind that actually holds up when someone tries to copy what you’ve built. That’s where patents come in. And there’s one part of patent law that can either be a secret weapon… or…
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After Final Strategy: AFCP 2.0 vs. RCE vs. Appeal
So you’ve been working on your patent. You filed it. You got that first Office Action. You replied. And then… you got a Final Rejection. Oof. Now what? That’s the moment many founders and inventors hit a wall. You’re building something real. You want to protect it. But now the patent office is saying “No.”…
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Examiner Interviews That Flip Outcomes: Scripts & Exhibits
Let’s be honest. Patents are hard. They take time. They feel slow. And sometimes, even after you’ve explained your invention in plain English and sent over every detail you can think of, the patent examiner still pushes back. You get an office action. Then maybe another. Suddenly, the whole thing feels stuck. What Most Founders…