Category: Patent Filing
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Converting Functional Language to Structural Support (Without Losing Scope)
Most patent drafts fail in one quiet place: they describe what an invention does, but not what it is. Functional language feels broad and powerful, but without clear structural support, it collapses the moment it is tested. Courts do not protect outcomes. They protect concrete systems, real steps, and actual technical choices. The challenge is…
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Responding to 112(b) Indefiniteness: Clarify Without Surrender
A 112(b) rejection feels small on paper and huge in your gut. The patent office is not saying your idea is bad. They are saying your words are fuzzy. That sounds easy to fix, but this is where many founders make a quiet mistake. They rush to clean up language and, without meaning to, give…
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Responding to 112(a) Enablement Rejections: Evidence That Works
If you are building real technology, a 112(a) enablement rejection can feel frustrating and confusing at the same time. You explained your invention, you built it, and yet the patent office is saying it is not clear enough to actually make and use. What the examiner is really asking for is proof, not prettier words.…
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Drafting to Avoid 112 Rejections: Templates and Checklists
Section 112 rejections do not happen because an invention is weak, they happen because the patent did not explain the invention clearly enough, fully enough, or in the right way, and this is where most founders get tripped up without even realizing it. Engineers naturally write for other engineers and skip steps that feel obvious,…
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Medical Device Claims: Structural Support That Survives 112
Most medical device patents fail for one quiet reason. The idea is strong, the tech works, the product saves lives, but the patent claims fall apart because they are not supported well enough. Not because the inventor did something wrong, but because the rules around patent support are unforgiving and badly explained. This article is…
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Software Written Description: Architecture, Data Flows, and APIs
If you are building software, your product already has a story. It has a shape. It has moving parts. Data goes in, data moves around, and something valuable comes out. That story matters more than most founders realize, especially when it comes to patents. A software patent does not protect ideas. It protects how your…
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Chemical/Pharma Enablement: Representative Species and Guidance
If you are building a chemical or pharma invention, your patent lives or dies on one quiet idea: can someone else read it and actually make and use what you claim without guessing. That idea is called enablement, and in chemical and drug patents, it is unforgiving. This article is about how enablement really works…
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Biotech Enablement: Functional Genus Claims Without Overreach
Biotech founders are building things that did not exist a few years ago. New proteins. New ways to edit cells. New tools that change how medicine works. The problem is not the science. The problem is protecting it the right way. Many biotech patents fail not because the idea is weak, but because the patent…
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Priority Claims and §112: Keep Your Chain (and Support) Intact
Let’s be very direct. Most patent problems do not start at the end. They start at the beginning. They start with how you write your first application and how well it supports what you later want to claim. Priority and §112 are not abstract legal ideas. They decide whether your patent is strong or fragile,…
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New Matter Traps: Amending Without Breaking §112
If you have ever changed a patent application after filing and felt a quiet fear in your stomach, you are not alone. Amendments look simple. They feel harmless. You just add a few words, clean up a sentence, or explain the invention better. But this is where many strong patents quietly fall apart. New matter…