Note-Taking Strategy to Help You Remember
When preparing for your move to patent law, it is crucial that you get the most out of your study time. But most students simply read the textbook and try to remember what they have read, which is not a…
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MPEP Q & A 203: Rejections of Dependent Claims Not Specifying a Further Limitation
Question: Should a dependent claim that does not specify a further limitation of the subject matter claimed be rejected under 35 USC 112(d)? Answer: Yes, a dependent claim that does not specify a further limitation of the subject matter claimed…
Selling Yourself During A Job Interview
Going in for a job interview is always nerve-racking. While preparing and considering all the details, it can be easy to lose sight of what a job interview is: a conversation with a potential employer where you must sell yourself…
MPEP Q & A 202: Components of Examiner’s Answer in an Appeal
Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. A statement that every ground…
MPEP Q & A 201: Drawings Essential Elements of Design Patent Applications
Question: Is a drawing an essential element of a design patent application? Answer: Every design patent application must include either a drawing or a photograph of the claimed design. As the drawing or photograph constitutes the entire visual disclosure of…
6 Ways to Keep From Coming Across as Arrogant During a Job Interview
According to the Oxford dictionary, one definition of confidence is “a feeling of self-assurance arising from an appreciation of one’s abilities or qualities.” Confidence is one of the most essential qualities to have and show during a job interview. However,…
MPEP Q & A 200: When Drawings Are Not Considered Necessary Under 35 USC 113
Question: When is a drawing usually not considered necessary for the understanding of an invention under 35 USC 113 (first sentence)? Answer: It has been USPTO practice to treat an application that contains at least one process or method claim…
5 Tips for Improving Your Grades
Struggling in school is nothing to feel bad about. It happens to millions of students. But with concerted effort, it’s possible to improve grades significantly. It All Starts With a Good Attitude Approaching studies with a positive mindset helps you…
MPEP Q & A 199: The Difference Between Applicant Information, Correspondence Information, and Application Information
Question: What is the difference between applicant information, correspondence information, and application information? Answer: Applicant information includes the name, residence, mailing address, and citizenship of each applicant ( when dealing with pre-AIA 37 CFR 1.41(b)). The name of each applicant…
MPEP Q & A 198: Items Necessary to Accord the International Filing Date the Date of Receipt of the International Application
Question: What does the Office need at the time of receipt in order to accord the international filing date the date of receipt of the international application? Answer: The receiving Office shall accord as the international filing date the date…
10 Things You May Not Have Realized were Invented Between 2015 – 2020
The last half-decade has been a remarkable time for innovation and inventions. Consider the following breakthroughs that hit the scene from 2015 to 2020. These notable inventions are helping people improve their lives. The Levitating Lightbulb If you want a…
MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?
Question: What must a petition for an unintentionally delayed claim be filed with? Answer: A petition for an unintentionally delayed claim must be accompanied by: (A) the reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior…
Customizing Your Cover Letter Takes Time But Increases Your Chances of Standing Out
Tailoring your cover letter for each job you apply to adds a bit of time to the application process, but yields excellent results. Customization means personalizing the message to the recipient, which makes you stand out from your competitors. Appeal…
MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)
Question: How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO? Answer: Petitions to withdraw an application from issue under 37 CFR 1.313(c) may be: (A) mailed to “Mail Stop Petition, Commissioner…
10 Things You May Not Have Realized Were Invented Between 2010 – 2015
The years 2010 through 2015 were productive in terms of new inventions. Many of the breakthroughs are still around today, creating dramatic changes in the world. Consider the ten following inventions. Amazon Kindle Fire Amazon entered the tablet market with…
MPEP Q & A 195: Necessary Items for a Petition for Retroactive License
Question: What should a petition for retroactive license include? Answer: A petition for retroactive license shall include: (1) A listing of each of the foreign countries in which the unlicensed patent application material was filed, (2) The dates on which…
How to Create a Good Outline from Your Notes
There’s so much information covered on the patent bar. So how do you start organizing all of it? One of the best ways to use any notes you’ve taken is to create an outline. An outline helps you condense your…
MPEP Q & A 194: Stop the Publication of an Application
Question: Can a petition under 37 CFR 1.138(c) stop publication of an application? Answer: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in…
10 Things You May Not Have Realized Were Invented in the 2000s
The 2000s were a time of rapid advancement in the world of technology. The decade was particularly fruitful for gadgets, which spread far and wide during the era. Consider these ten leading innovations. The USB Flash Drive These portable drives…
MPEP Q & A 193: Petition to Make Special and Energy Resources
Question: Does the petition to make special apply to patent applications for inventions dealing with energy resources? Answer: The U.S. Patent and Trademark Office will, on petition, accord “special” status to all patent applications for inventions which materially contribute to:…
Learn Anything Faster
Preparing for exams can be tiring, stressful and frustrating, especially when it is a career-defining exam such as the patent bar exam. In such cases, it helps to have some study tips on how to learn things quicker and more…
MPEP Q & A 192: Overcome Provisional Obviousness Rejection
Question: How can a provisional obviousness rejection be overcome? Answer: A provisional obviousness rejection can be overcome by: Arguing patentability over the earlier filed application; Combining the subject matter of the copending applications into a single application claiming benefit under…
Giving Up on the Patent Bar: Don’t Do It
If you’ve failed the patent bar exam or have been unsuccessful in completing your preparation for it more times than you can count, you might consider giving up altogether. All of us have faced failure in our lives multiple times.…
MPEP Q & A 191: Final Rule in the Changes to the Claim Construction Standard
Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, the Office revises the rules to provide…
Improving Sleep to Help You Prepare For the Patent Bar Exam
Patent law is a branch of intellectual property rights law where new inventions, ideas, designs, devices and contraptions are registered. Getting something patented gives the inventors and creators exclusive rights to their property in terms of selling, purchasing, copyrights, distribution…
MPEP Q & A 190: AIA Proceeding Expenses Under Phillips
Question: Have parties to AIA proceedings under Phillips required expanded page limits or otherwise incurred more expenses in their AIA trials than parties in AIA proceedings under BRI? Answer: PTAB has not found that parties to these AIA proceedings under…
5 Easy Tips to Help Maximize Your Learning
Learning new things is both exciting as well as daunting. You may be learning things all the time, from learning how to solve a calculus equation or learning about historical events. However, most people find themselves lost when learning something…
MPEP Q & A 189: Issuance of NIRC Action in Inter Partes Reexamination Proceeding
Question: Name one instance when issuance of a NIRC action would be proper in an inter partes reexamination proceeding. Answer: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination…
Memory Techniques to Help You Conquer the Patent Bar Exam
Preparing for the patent bar exam can be demanding, time consuming, as well as mentally and physically exhausting. It can get especially frustrating if you find you cannot memorize the content and exam material. Fortunately, there are certain memory tips…
MPEP Q & A 188: What Should Applicant Initiated Interview Request Form Identify?
Question: What should the Applicant Initiated Interview Request form identify? Answer: The Applicant Initiated Interview Request form should identify: the participants of the interview the proposed date of the interview whether the interview will be personal, telephonic, or video conference…