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patent office

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What is the Examiner’s Motivation? (Part 3)

by Clifford D. Hyra on January 13, 2009

In part 1, I introduced the performance system faced by Examiners and in part 2 I explained how this performance system affects the prosecution process.  In part 3, I discuss the ways that the incentives faced by Examiners can be used to an applicant’s advantage.
Timing
One way that knowledge of the performance system can be used [...]

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What is the Examiner’s Motivation? (Part 2)

by Clifford D. Hyra on January 12, 2009

The Performance System In Practice
In part 2, I explore the effect of the Examiners’ performance system on the patent prosecution process.  In theory, this may seem like a workable system in which the Examiners are encouraged to make the best case possible as quickly as possible so that they can get the case either allowed [...]

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What is the Examiner’s Motivation? (Part 1)

by Clifford D. Hyra on January 9, 2009

Dealing with Examiners can sometimes be frustrating.  Each Examiner has his or her own personality and methods.  Sometimes, it is just difficult to see where the Examiner is coming from.  Why did they send out the strange one paragraph Office Action?  Why did they say they would not enter the amendment without an RCE?
Of course, [...]

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Can I speak to the Examiner?

by Clifford D. Hyra on September 1, 2008

If you have a patent agent or attorney, communication with the Patent Office is typically conducted only through your representative.  However, your representative can conduct an interview with the Examiner at any point after a first Office Action is received. Examiners generally grant such interviews as a matter of course, even after a final Office [...]

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What is the patent application process like?

by Clifford D. Hyra on August 24, 2008

Getting the Application Ready
After you have decided that you need a patent and have selected a patent agent/attorney to represent you, the next step in the application process is preparing the application itself. You can find more information on what goes into a patent application in a future post.
Typically, you send the information you have [...]

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When should I Appeal?

by Clifford D. Hyra on August 8, 2008

Unfortunately, turnover at the Patent Office is very high and the quality of Examiners can vary widely. What happens when an Examiner is not applying the correct law or misunderstands a key aspect of your invention? The first step is to try to work it out with the Examiner.  Many Examiners are friendly and intelligent.  [...]

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What is the difference between a patent agent and a patent attorney?

by Clifford D. Hyra on July 8, 2008

Now that you have decided you need representation in applying for your patent, you have another important decision to make.  Who should you choose to represent you? If you have looked into this question at all, you may have come across both patent agents and patent attorneys.  If you are wondering what the difference is [...]

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