Tag: Patent Registration
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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…
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112 on Appeal: Enablement, Written Description, and Indefiniteness
Patent law can be intimidating. It’s full of strange words, long sentences, and rules that sound like they were written for another century. But if you’re building something real—something new—then understanding one key rule can make or break your patent. That rule is Section 112 of the U.S. Patent Act. Mastering Section 112: The Backbone…
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Appeals for 102/103: Attacking Findings and Motivation to Combine
When you get a 102 or 103 rejection from the USPTO, it stings. It feels like the examiner just told you, “Nice try, but someone already built that.” But here’s the truth — many of those rejections don’t stick. They can be overturned. You just have to know how to fight back the right way.…
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Appeals for 101 Rejections: Framing “Practical Application”
You built something real. Something that works. But when you try to patent it, the examiner says it’s just an “abstract idea.” You get that dreaded Section 101 rejection. It’s frustrating because your invention isn’t just an idea. It solves a real problem. It runs on code, or a system, or hardware you built yourself.…
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AFCP 2.0 Amendment Ideas That Actually Get Considered
When you’re staring down a Final Office Action from the USPTO, it can feel like hitting a wall. You’ve already gone through months—sometimes years—of back and forth with the examiner, and suddenly, it’s “final.” That word alone can make your heart sink. But here’s the thing: final doesn’t always mean the end. If you know…
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Final Rejection Playbook: Amend, Interview, or Appeal?
A final rejection from the patent office can feel like a gut punch. You’ve spent months—or maybe years—building something real, something that could change an industry. You filed your patent, you waited, and now the examiner says “no.” It’s easy to feel stuck. But here’s the truth: a final rejection doesn’t mean the end. It…
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Using Examiner Analytics to Pick the Right Path
If you’ve ever filed a patent, you know it’s not just about the invention — it’s about the examiner who reviews it. Two inventors can file similar applications, yet one sails through while the other hits months of rejection. The difference often comes down to understanding the human being sitting behind that review desk —…