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IP Landscape for Machine Learning Patents

IP Landscape for Machine Learning Patents

What is an IP Landscape?An intellectual property landscape is a thorough overview of current patents and practices in any technical space. By providing references, documentation, and a holistic view, an IP landscape can show potential for legal validity and inform...

Evaluating Outside Legal Counsel: Best Methods

Evaluating Outside Legal Counsel: Best Methods

Companies and their in-house counsel face many challenges when working with outside legal counsel. To begin with, choosing the right patent law firm to work with is trickier than one might expect. Not only do law firms...

Patent Issuance: A Road Map to Success

Patent Issuance: A Road Map to Success

There is no doubt that patent professionals gain a better understanding of patent examiners as they interact with them over time—they learn how to more effectively read and interact with the individuals who will...

How USPTO Examiner Type Affects Patents

How USPTO Examiner Type Affects Patents

By Michael Sartori & Matt WelchOriginally published on Law360.com Michael Sartori, a partner, and Matt Welch, an associate at Baker Botts, LLP used data from LexisNexis PatentAdvisor® to complete an analysis on ten...

The Medical Ventilator Market and Patent Protection

The Medical Ventilator Market and Patent Protection

A major contributor to the severity of the COVID-19 crisis is that medical providers simply do not have enough ventilators to meet current patient needs. Individuals with COVID-19 who develop breathing difficulties...

Three Inventions Helping Slow the Spread of COVID-19

Three Inventions Helping Slow the Spread of COVID-19

Drastic measures to slow the spread of COVID-19 have already been implemented around the globe, including forced closures of “non-essential” businesses and “shelter-in-place” orders issued by many state and local...

Visual Learning:  A Guide for Patent Professionals

Visual Learning: A Guide for Patent Professionals

Visual learners are those who understand information better when they can see it. While not everyone considers themselves “visual learners” (more so than any other sort, anyway), visual learning is, to varying degrees, a helpful tool for most of us. Visual elements...

Five Ways To Enhance Patent Strategy With Data Analytics

Five Ways To Enhance Patent Strategy With Data Analytics

By Eric Snustad Originally published on Law360.comNot long ago, the primary manner in which patent practitioners would obtain information about a particular examiner’s working style was to actually interview or otherwise work with the examiner, hear reports of...

Announcing the All-New PatentAdvisor Benchmarking Reports™

Announcing the All-New PatentAdvisor Benchmarking Reports™

Easily and objectively compare prosecution outcomes for law firms and companies with the most accurate and objective prosecution performance metrics available. The all-new real-time, fully-customizable PatentAdvisor Benchmarking Reports™ provide reliable...

Stylus Upgrades: Apple Files Patent Application to Expand Capabilities

Stylus Upgrades: Apple Files Patent Application to Expand Capabilities

​The word is out that Apple’s popular iPad Pro® may soon be getting a stylus upgrade. Apple’s U.S. patent application titled “touch-based input for stylus” (U.S. Patent Application No. 16/029,489) put the world on notice that improvements may be on the horizon when it...

Patent Process: Three Ways to Improve Efficiency

Patent Process: Three Ways to Improve Efficiency

No one likes to waste time - especially throughout a process like patent prosecution where inefficiencies quickly add up to great expense. Common mistakes around consistency or accuracy can also lead to a longer...

Patent Quality: Three Key Performance Indicators

Patent Quality: Three Key Performance Indicators

Over the past several years, improving patent quality has become a high priority for IP stakeholders, patent practitioners, and the United States Patent and Trademark Office. Major changes to the landscape of patent prosecution, such as the Supreme Court’s decision in...

New Year’s Resolutions, Fitness, and the Patent Office

New Year’s Resolutions, Fitness, and the Patent Office

We arrive in the New Year with optimism and high expectations. As usual, resolutions for self-improvement top the lists of many, and 2020 is the year we are finally going to get in shape. No doubt, fitness is an invaluable part of life as it contributes to our overall...

How to Flow: Patent Prosecution at Every Phase

How to Flow: Patent Prosecution at Every Phase

Patent prosecution is not always a linear process. It is full of twists, turns, and back-and-forths, but there are undeniably distinct phases of the patent process that the top patent professionals are able to seamlessly and efficiently transition between. From...

Performance Reviews Made Easy with Patent Analytics

Performance Reviews Made Easy with Patent Analytics

Another year is coming to a close, and year-end reviews are on the horizon. Evaluating the performance of your patent applications, patent portfolios, and staff is difficult without the proper metrics and tools. Modern patent prosecution tools provide patent...

Words to Live By: Wisdom Collides with Patent Analytics

Words to Live By: Wisdom Collides with Patent Analytics

#1 - Take It All In (And Do Not Miss A Thing) When it comes to patent searches, “taking it all in” is easier said than done. Nearly every patent authority around the world has their own patent database, so completing a broad, global search has always meant taking in...

Examiner ETA™- Changing Perspectives on the Patent Process

Examiner ETA™- Changing Perspectives on the Patent Process

When patent practitioners first began using patent data to improve their performance in patent prosecution, they would usually look to USPTO patent examiner statistics for insight. The drawback to exclusively relying on patent examiner statistics, however, is that...

Determining Patent Valuation with Patent Prosecution Analytics

Determining Patent Valuation with Patent Prosecution Analytics

Patent practitioners are turning to patent analytics to uncover key insights. Why Patent Valuation?There are many reasons to assess intellectual property or a patent application’s value. Before investing, venture capitalists may wish to value the company’s patent...

Patent prosecution is the process of drafting, filing, and working with the United States Patent and Trademark Office (USPTO) to establish a patent protection over the rights to a unique invention.

Patent prosecution begins with a unique idea or design. The inventor can then search through databases of accepted, pending, and rejected patents to learn how their idea compares to what is already available. This research stage allows for the inventor to find out if a patent for a similar product already exists. It can also help the inventor discern what distinguishes their product from previous products.

For a patent to be filed and continue to move through the process, it must be drafted with complete, detailed information regarding the invention and claims. A picture of the design is almost always needed. When the draft is ready, it can be submitted to the patent office as an official application. 

A patent examiner will start by verifying that the patent application meets all the criteria to be considered for patentability. This can include originality, meeting formalities, and ensuring the claims are patentable. The examiner will then move to prior art research, similar to the inventor’s initial stage. The examiner will thoroughly research all previous patents to ensure the application does not match anything already approved. 

The examiner and the applicant may interact throughout the process to better understand the application and advance the prosecution. Finally, the examiner will approve, reject, or object to the patent application. The examiner will provide information on why the decision was made, and provide further feedback on how to move forward and what to amend. This can be in the form of an office action, which requires the applicant to create a response in order to continue moving forward with the application.

Our suite of products helps you through every step of the patent prosecution process.