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Protect Your Ideas by Hiring a Former Patent Examiner
We specialize in overcoming difficult patent rejections!
Malone IP Law, LLC - A Patent Agent Law Firm
Services Provided by a Skilled Ex-Patent Examiner
At Malone IP, we are dedicated to helping individuals and businesses protect their intellectual property. As a patent agent, I specialize in guiding clients through the patent application process, ensuring their inventions and innovations are safeguarded. With extensive knowledge of patent law and the USPTO requirements, I provide personalized support to navigate the complexities of patent procurement. Whether you're an entrepreneur, inventor, or established enterprise, Malone IP is here to help you secure the legal protection your ideas deserve. I specialize in difficult patent cases and specialized patent rejections.
Opting for a patent agent rather than a patent attorney can offer several advantages, such as a specialized focus on the patent application process, proficiency in handling the intricacies of USPTO requirements, and often a more affordable option for inventors who are mainly interested in the application phase. Patent agents are authorized to prepare and submit patent applications, perform patent searches, and liaise with the USPTO. We are a cost-effective option for high quality patents!
Partial List of Patents Won by Malone IP Law
Frequently Asked Questions
Please reach us at patents@maloneip.com if you cannot find an answer to your question.
Assistance with filing responses to patent rejections is available. You can submit replies to Office actions online via the USPTO's Patent Center for registered eFilers, by mail, by facsimile to the USPTO's Official Fax Number, or in person at the USPTO's Alexandria, Virginia Customer Service Window. It is crucial to respond to each ground of rejection and objection made by the examiner within the specified deadlines.
Opting for a patent agent rather than a patent attorney can offer several advantages, such as a specialized focus on the patent application process, proficiency in handling the intricacies of USPTO requirements, and often a more affordable option for inventors who are mainly interested in the application phase. Patent agents are authorized to prepare and submit patent applications, perform patent searches, and liaise with the USPTO. We are a cost-effective option for high quality patents!
Pro se patent filers have access to various resources, including the Pro Se Assistance Center provided by the USPTO, which offers outreach and education to applicants filing without a registered patent attorney or agent. The center provides one-on-one assistance via video conference or telephone, and aims to improve the quality of pro se applications and help applicants make informed decisions. Additionally, the USPTO's website offers a consolidated list of educational materials and resources to assist pro se applicants at different stages of the patent examination process. There are also dedicated customer service and assistance, increased examiner-applicant interaction, and specific educational resources on patents and electronic filing available. For legal proceedings, tips and resources for pro se filers can be found through the United States District Court's website.
In the United States, you generally have three months from the date of the patent rejection notice to respond, with the option to extend this up to six months for additional fees.
The process for obtaining a patent typically involves several steps: preparing to apply, filing the application, undergoing application prosecution, receiving the patent, and maintaining legal protection for your invention. It is important to determine the type of intellectual property protection needed, ensure the invention is patentable, and conduct a search to see if the invention has already been publicly disclosed. Additionally, one may need to respond to any objections or rejections by the examiner before a patent grant is secured.
A restriction requirement is a directive from a patent examiner when they believe that the claims in a patent application are directed to more than one invention. The applicant is asked to choose a specific group of claims to proceed with, which allows the examiner to focus on a potentially smaller scope of prior art.
To answer a restriction requirement, you must elect one group of claims for examination. For instance, if your claim set includes a claim for a pencil and a method for using the pencil, the examiner may restrict the patent application to either the pencil or the method of using the pencil.
The duration of the patent obtaining process can vary, but according to the United States Patent and Trademark Office (USPTO), it typically takes about 22 months. However, this timeframe can be shorter or longer depending on the specifics of the patent application and the backlog at the patent office.
A provisional patent is a legal document filed with the United States Patent and Trademark Office (USPTO) that establishes an early filing date for an invention. It allows the inventor to use the term "Patent Pending" and provides a 12-month period to file a nonprovisional patent application.
To file a provisional patent, you must submit the required documents, which include a written description and drawings of the invention, a filing fee, and a cover sheet. These can be filed electronically using the Patent Center or by mail. A provisional patent application does not require a formal patent claim, oath, declaration, or any information disclosure statement, as it is not examined. It establishes an early filing date for a later nonprovisional patent application and allows the term "Patent Pending" to be used with the invention description. The provisional application is valid for 12 months from the filing date and cannot be extended.
A utility patent is a legal document that grants an inventor exclusive rights to a new or improved product, process, or machine. It is also known as a "patent for invention" and prevents others from making, using, or selling the invention without permission. Utility patents are valid for up to 20 years and make up the majority of patents issued.
To file a utility patent, you must prepare and submit a comprehensive application to the United States Patent and Trademark Office (USPTO). This includes a specification with a detailed description and at least one claim, drawings if necessary, an oath or declaration, and the required fees. It is advisable to conduct a patent search and consider filing a provisional patent application to secure a filing date. For detailed guidance, refer to the USPTO's resources or consult with a registered patent attorney or agent.
A USC 102 rejection refers to a type of patent application rejection by the United States Patent and Trademark Office (USPTO). It occurs when a claimed invention is not considered novel because it is anticipated by a prior art reference, meaning that every element of the claim is found, either expressly or inherently, in a single prior art reference.
To overcome a USC 102 rejection, one could establish prior invention, demonstrate that the prior invention was not "by another," persuasively argue that the claims are patentably distinguishable, show that the cited reference is not enabled, or amend the claims to distinguish over the prior art.
A USC 103 rejection refers to a type of patent rejection under the United States Code, which occurs when the claimed invention is not identically disclosed, meaning the reference teachings must be modified to meet the claims. This suggests that the invention is considered obvious or does not represent a significant enough improvement over prior art.
To overcome a USC 103 rejection, one could argue that the cited references do not teach what the examiner claims, amend the claims to include new limitations not taught by the prior art, demonstrate that the references cannot be combined, or show that the prior art reference is not valid prior art. Additionally, it may be helpful to attack the prima facie case of obviousness by showing a lack of a reasonable motivation to combine references, or by presenting evidence of unexpected results or other objective indicia of non-obviousness.
A USC 112 2nd rejection refers to a rejection made by a patent examiner on the grounds that a patent claim is indefinite and does not particularly point out and distinctly claim the subject matter which the applicant regards as the invention, as required by 35 U.S.C. § 112, second paragraph.
To address a 35 USC 112, second paragraph rejection, one should amend the claims to ensure they distinctly claim the subject matter which the applicant regards as the invention. This may involve clarifying the claims to be more precise and clear, correcting any grammatical errors, resolving issues of antecedent basis, or distinguishing the claims from the prior art. It's also advisable to review the examiner's comments for specific guidance on how to correct the claims.
A lack of antecedent basis rejection refers to a situation in patent law where a claim is considered indefinite because it contains words or phrases that are not clearly defined or referenced in the specification. This can occur when a claim refers to an element using terms like "said lever" or "the lever" without having introduced the lever previously in the claim, making it unclear to what the terms refer.
To address a lack of antecedent basis rejection, you can amend the claim to introduce the antecedent basis or clarify the claim language to ensure that each element referred to in the claims has a clear basis in the description. This involves reviewing the specification to ensure that it supports the claims and revising the claims for definiteness to inform the public of the patent boundaries. Additionally, if the issue is a simple error, such as a typographical mistake, you may request the court or the patent office to correct it by filing a reissue application or a request for reexamination.
A USC 101 rejection refers to a determination by a patent examiner that the claims of a patent application relate to a type of invention that is not eligible for patent protection under 35 U.S.C. § 101. This section defines the scope of subject matter that can be patented, excluding laws of nature, natural phenomena, and abstract ideas. If a claim falls within these excluded categories, it is considered not patentable.
To successfully overcome a USC 101 rejection, it is often recommended to amend the application to explicitly claim one of the four statutory classes. Additionally, understanding and applying the Alice two-part test can be crucial in crafting claims that showcase the 'inventive concept' necessary for overcoming such rejections.
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