Welcome

This site is hosted by a Houston patent lawyer dedicated to serving the needs of small business and entrepreneurs in the protection of intellectual property, including copyright and intellectual property on the internet. My practice includes patent applications & trademark applications filing and prosecution.  Provisional patent applications are filed, as well as design patent applications.We offer services focused toward achieving the full…

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RESTRICTIONS REQUIREMENTS: I’VE FILED MY APPLICATION, WHY CAN’T THEY TELL ME IF IT’S PATENTABLE?

The first communication a patent applicant may receive from the USPTO patent examiner is that the applicant must choose among different claims of the application in order to proceed with examination. This is a Restriction Requirement. Typically, a patent application is filed with 3 independent claims and a total of 20 independent and dependent claims….

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RESTRICTION PRACTICE III

RESTRICTION PRACTICE III MPEP §806.5 pertains to combinations of embodiments such as an apparatus and method of utilizing the apparatus. Alternatively, it may pertain to a process and a method for practicing the process. The section also pertains to combinations and sub-combinations. (This arcane subject matter. I have borrowed heavily from the text of the…

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RESTRICTION REQUIREMENT II

RESTRICTION PRACTICE II Remember a restriction requirement is frequently the first communication the Applicant receives from the examiner. A restriction requires that the Applicant select or elect among multiple “inventions” asserted by the examiner to be contained in the original application. I have written an introduction to this “puzzling topic” entitled Restriction Requirements. I want…

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RESTRICTION PRACTICE

This Article was updated October 21, 2013. See Blog Restriction Practice II. The basic rule is that each patent can claim only one distinct and independent invention. This is subject to the rules pertaining to restriction practice and the filing of divisional applications. A related rule is that two patents can’t claim the same invention….

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INTER PARTES REVIEW

INTER PARTES REVIEW For patents having a filing date of earlier than March 16, 2013, i.e., the date the America Invents Act is fully implemented, an issued patent can be challenged under the Inter Partes Review provisions of the AIA or “first to file” statute. Such patents are not subject to the Post Grant Review…

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POST GRANT REVIEW

POST GRANT REVIEW After you have achieved the award of a patent, you may still be subject to challenge. Part of the new patent law (America Invents Act or AIA) is the procedure called a Post Grant Review. The procedure gives third parties 3 months after the grant of your patent to challenge the award….

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PRE BRIEF APPEAL CONFERENCE

Every practitioner has encountered a recalcitrant examiner or an examiner that exhibits an unexplained animus to the invention.  Parallel with this observation is the thought the “if I could just get this file in front of someone else, i.e., someone rational, the claims would be allowed.” The Patent Office provides an imperfect remedy.  In a…

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DISCOUNTED PATENT FEES, SMALL ENTITIES AND MIRCO-ENTITIES

The America Invents Act of 2011 is best known for establishing “the First Inventor to File” system.  However it also created or defined “Micro-Entities”.  Micro-Entities are entitled to a 75 percent discount on filing fees.  Unfortunately the definition of a Micro-Entity is convoluted. First, a Micro-Entity is a small entity, i.e., it has fewer than…

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