InventionIP is a leading intellectual property service provider that specializes in creating high-quality patent and trademark drawings to help clients advance their applications. Visit us to learn more.
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Patent Application Podcasts
Patent Pending Made Simple is a podcast for inventors who are looking to learn more about the patent process
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Patent Bar Review
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Patent Law Legal News from LexisNexis® via Podcast
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The podcast where we bring you insights into the patent profession, so that you can understand if it might be the career path for you. Hosted by Senior Associate Ben Chapman, the series includes a range of guests from around the firm who share their experiences of working in IP.
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Why Perform a Patent Invalidity Search Before Litigation | InventionIP Podcast
7:33
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7:33Explore why conducting a patent invalidity search before litigation is essential for businesses and innovators. This episode explains how invalidity searches uncover prior art, assess patent strength, and provide critical leverage in disputes. Learn how this step minimizes legal risks, reduces unnecessary costs, and strengthens your position in cou…
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How to Perform a Freedom to Operate Patent Search on a Product | InventionIP Podcast
6:28
6:28
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6:28A Freedom to Operate (FTO) patent search is essential before launching any new product. It helps businesses identify active patents that could pose infringement risks, ensuring a clear path to market. This blog explains what an FTO search is, why it matters, and outlines the step-by-step process — from defining scope and searching databases to anal…
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MPEP Q & A 336: Circumstances when relevant documentation should be submitted to regulatory review body.
2:56
2:56
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2:56Question: When should relevant documentation submitted to a regulatory review body be submitted for the Office for review? Answer: Where relevant documentation is submitted to a regulatory review body, such as the U.S. Food & Drug Administration (FDA), and is material to any pending patent application or reexamination proceeding, such documentation…
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Steps Involved in a Patentability Search | InventionIP Podcast
7:14
7:14
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7:14Discover the essential steps of a patentability search in this episode of the InventionIP Podcast. Host Emma Johnson speaks with IP expert Dr. Michael Turner to unpack the process — from defining your invention to analyzing prior art and preparing a search report. Learn about common mistakes, best practices, and real-world examples that show why a …
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Beyond the Lines: The Role of Patent Drawings in Securing Innovation | InventionIP
6:18
6:18
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6:18Patent drawings are more than just illustrations—they are a vital part of protecting innovation. This episode by InventionIP explores why accurate and professional patent drawings are essential for both utility and design patents. Listeners will learn how drawings help meet USPTO requirements, avoid costly mistakes, and strengthen patent applicatio…
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MPEP Q & A 335: Under what circumstances will international and search fees be refunded?
3:28
3:28
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3:28Question: Under what circumstances will the international and search fees be refunded? Answer: The international and search fees will be refunded if no international filing date is accorded or if the application is withdrawn before transmittal of the record copy to the International Bureau. The search fee will be refunded if the application is with…
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21. Navigating the Patent Process with Expert Paralegal Hastings Galloway
29:49
29:49
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29:49Join hosts Samar Shah and Jamie Brophy as they dive into the world of patents with expert paralegal Hastings Galloway. Discover the essential role of a patent paralegal, the importance of attention to detail, and the intricacies of patent law. Hastings shares her journey from hospitality to patent law, offering insights into the daily responsibilit…
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MPEP Q & A 334: Assignee(s) who may conduct prosecution or reexamination.
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3:01Question: Which two types of assignee(s) may conduct either the prosecution of a national application for patent or a reexamination proceeding? Answer: The assignee(s) who may conduct either the prosecution of a national application for patent or a reexamination proceeding are: (1) A single assignee. An assignee of the entire right, title and inter…
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What Is the Difference Between Patentability Search and Prior Art Search? | InventionIP Podcast
6:40
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6:40What’s the real difference between a patentability search and a prior art search? This episode of the InventionIP podcast breaks down the distinct purposes, timing, and outcomes of each type of search. Discover how a patentability search helps determine if an invention is eligible for a patent, while a prior art search is often used to challenge ex…
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MPEP Q & A 333: When a supplemental reissue oath or declaration is required.
3:22
3:22
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3:22Question: If additional defects or errors are corrected in the reissue after the filing of the reissue oath or declaration, is a supplemental reissue oath or declaration required? Answer: For applications filed on or after September 16, 2012, if additional defects or errors are corrected in the reissue after the filing of the reissue oath […] The p…
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Utility Patent Illustrations and the Patent Grant Process | InventionIP Podcast
7:06
7:06
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7:06Learn how utility patent illustrations play a crucial role in the patent grant process. This episode breaks down why high-quality drawings are essential, what the USPTO requires, and how illustrations support your claims during examination. From technical compliance to real-world examples, discover how clear and accurate visuals can strengthen your…
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Why Freedom to Operate (FTO) Analysis Is Crucial Before Product Launch | InventionIP Podcast
6:23
6:23
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6:23Learn why Freedom to Operate (FTO) analysis is a critical step before launching any product. This episode explores how FTO helps businesses avoid patent infringement, costly litigation, and market setbacks. Understand what an FTO analysis includes, when to conduct it, and how it supports strategic decision-making. Packed with practical insights and…
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MPEP Q & A 332: Availability of provisional application relied on for priority and abandoned.
3:11
3:11
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3:11Question: Is a provisional application that is relied upon for priority in a U.S. patent and is abandoned available through the Patent Center? Answer: Yes, a provisional application that is relied upon for priority in a U.S. patent and is abandoned may be available through the Patent Center. Generally though, provisional applications are not publis…
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How to File for Patent Invalidation with USPTO | IP Talks by InventionIP
8:00
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8:00Learn how to file for patent invalidation with the USPTO in this episode of IP Talks by InventionIP. Discover the key legal grounds for challenging a patent, including lack of novelty, obviousness, and insufficient disclosure. Explore the different pathways like Inter Partes Review (IPR), Post-Grant Review (PGR), and Ex Parte Reexamination. Underst…
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Why Inventors Need a Patentability Search Before Filing | IP Talk by InventionIP
6:52
6:52
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6:52Learn why a patentability search is a crucial first step before filing a patent application. This episode explores how identifying prior art early can help inventors avoid costly rejections, refine their ideas, and improve their chances of securing a patent. Understand the risks of skipping the search and how a professional assessment can guide sma…
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MPEP Q & A 331: Does new ground of rejection raised by the Board in an appeal reopen prosecution?
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3:00Question: Does the new ground of rejection raised by the Board in an appeal reopen prosecution? Answer: The new ground of rejection raised by the Board does not reopen prosecution except as to that subject matter to which the new rejection was applied. If the Board’s decision in which the rejection was made includes an affirmance […] The post MPEP …
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Patent Invalidity Search vs. Validity Search: Key Differences | InventionIP Podcast
6:46
6:46
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6:46Discover the key differences between patent invalidity and validity searches in this insightful episode. Learn when each type of search is used, how they impact patent litigation, enforcement, and licensing, and why they are essential for defending or challenging patent rights. With real-world examples and strategic guidance, this episode is a valu…
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MPEP Q & A 330: Items the Technology Center will verify when a Request for Continuing Examination is initially processed.
3:16
3:16
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3:16Question: Name two items the Technology Center will verify when a Request for Continuing Examination is initially processed. Answer: An RCE will be initially processed by the Technology Center (TC) assigned the application. Technical support personnel in the TC will verify that: (A) the application is a utility or plant application (i.e., not a des…
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MPEP Q & A 329: Non-exhaustive factors to determine whether to accept a petition after the 2-month period.
2:43
2:43
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2:43Question: What non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period? Answer: The following non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period: (1) Petitioner engaged in significant, constructive efforts with the examiner to resolve the is…
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MPEP Q & A 328: Reasons for insisting upon a restriction?
2:32
2:32
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2:32Question: What are the reasons for insisting upon a restriction? Answer: Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each inventionas claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination …
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MPEP Q & A 327: Information submitted for each patent on which a maintenance fee or surcharge is paid.
2:15
2:15
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2:15Question: What information should also be submitted for each patent on which a maintenance fee or surcharge is paid? Answer: The following information should also be submitted for each patent on which a maintenance fee or surcharge is paid: (A) the fee year (i.e., 3 1/2, 7 1/2, or 11 1/2 year fee); (B) the […] The post MPEP Q & A 327: Information s…
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MPEP Q & A 326: Applications that count for “gross income” basis micro entity status.
2:44
2:44
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2:44Question: What applications count for the filing limits for the purposes of establishing micro entity status under the “gross income” basis? Answer: For purposes of establishing micro entity status under the “gross income” basis, the application filing limit includes: (i) previously filed U.S. nonprovisional applications (e.g., utility, design, pla…
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MPEP Q & A 325: List the pieces of information that should be placed on the first page of a protest.
2:53
2:53
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2:53Question: List two pieces of information that should be placed on the first page of a protest. Answer: Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being […
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MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date.
3:01
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3:01Question: Name at least two items that must be submitted when adding a “Sequence Listing” after the application filing date. Answer: Adding a “Sequence Listing” after the application filing date involves the submission of: (1) a “Sequence Listing” either as a PDF image file, on physical sheets of paper, or as an ASCII plain text […] The post MPEP Q…
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20. Investing in Yourself as a Founder: A Talk With Jason Brown
32:40
32:40
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32:40Summary In this episode, an M&A advisor and business broker, Jason Brown talks with Samar Shah about preparing a startup for a successful exit. He emphasizes the importance of having a clear vision and exit plan from the beginning, including various scenarios. He also discusses the benefits of inorganic growth through acquisitions and the need to b…
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MPEP Q & A 323: Can distinct subject matter be recovered by filing a reissue application in specific cases?
3:19
3:19
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3:19Question: Where a restriction (including an election of species) requirement was made in an application and applicant permitted the elected invention to issue as a patent without filing a divisional application on the non-elected invention(s) or on non-claimed subject matter distinct from the elected invention, can the non-elected invention(s) and …
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MPEP Q & A 322: What type of Demand will prevent an international application designating the U.S. to enter?
2:26
2:26
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2:26Question: What type of Demand will prevent an international application designating the U.S. to enter the national stage via the U.S. Designated Office? Answer: An international application designating the U.S. will enter the national stage via the U.S. Designated Office unless a Demand electing the U.S. is filed under PCT Article 31 whereupon entr…
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19. Navigating 102 and 103 Rejections in Patent Applications
34:50
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34:50Summary In this episode, the hosts discuss the different types of rejections that can be issued by the Patent Office when filing a patent application. They focus on 102 rejections, which are based on prior art, and 103 rejections, which are based on obviousness. They explain the timing of responding to rejections and the options for overcoming them…
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Discover IP: Navigating the application process
22:27
22:27
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22:27In this episode host Ben Chapman is joined by Technical Assistants Maria Nikolova and Max Mallerman to talk about their experiences of applying to be a trainee patent attorney. They are also joined by Partner Anna Leathley who provides an insight into the application process at Carpmaels & Ransford.By Carpmaels & Ransford
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MPEP Q & A 321: What are the factual inquiries related to obviousness?
3:41
3:41
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3:41Question: What are the factual inquiries related to obviousness that the Court enunciates? Answer: Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (A) Determining the scope and content of the prior art; (B) Ascertaining the differences between the claimed inventio…
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MPEP Q & A 320: What are the three types of designs interpreted by case law to include?
2:22
2:22
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2:22Question: What are the three types of designs the language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include? Answer: The language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include at least three kinds of designs: […] …
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18. Zero Cost Patent Resources for Inventors
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17:16Summary In this episode, Samar and Jamie discuss various resources for independent inventors. They highlight the United States Patent and Trademark Office (USPTO) website as a top resource, which provides information on patent basics, patent scams, and free services offered by the Patent Office. They also mention the Inventor Assistance Center and …
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MPEP Q & A 319: What must any assignment-related document for patent matters submitted by facsimile include?
2:11
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2:11Question: What three items must any assignment-related document for patent matters submitted by facsimile include? Answer: Any assignment-related document for patent matters submitted by facsimile must include: (A) an identified application or patent number; (B) one cover sheet to record a single transaction; and (C) payment of the recordation fee …
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Summary The conversation discusses New Year's resolutions for inventors with regards to the patent process. The main theme is taking advantage of the one-year timeframe while the provisional application is pending. This includes developing the invention, finding manufacturers or potential licensees, and determining a plan for monetizing the inventi…
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MPEP Q & A 318: Requirements of an oath or declaration under section 37 CFR 1.63.
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2:39
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2:39Question: Name two requirements of an oath or declaration under section 37 CFR 1.63? Answer: An oath or declaration under section 37 CFR 1.63 must: (1) Identify the inventor or joint inventor executing the oath or declaration by his or her legal name; (2) Identify the application to which it is directed; (3) Include a […] The post MPEP Q & A 318: R…
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16. How to Bring an Idea to Market: Product Development with Peter Drakulich of 52Launch
40:23
40:23
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40:23In this episode, Jamie and Samar interview Peter Drakulich, co-founder of 52 Launch, a company that helps individuals bring product ideas to market. They discuss the journey of bringing product ideas to market, emphasizing the interplay of patents and market disclosure, comprehensive support services, and the value of leveraging platforms like Amaz…
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MPEP Q & A 317: How can you determine whether the original patent requirement is satisfied in a reissue application?
3:02
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3:02Question: How can you determine whether the original patent requirement is satisfied in a reissue application? Answer: Examiners should review the reissue application to determine whether the original patent requirement is satisfied, by considering if: (A) the claims presented in the reissue application are described in the original patent specific…
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MPEP Q & A 316: Is it ever necessary to change the inventorship named in the application?
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3:52Question: If an application by joint inventors includes more than one independent and distinct invention, and restriction is required, is it ever necessary to change the inventorship named in the application? Answer: If an application by joint inventors includes more than one independent and distinct invention, and restriction is required, it may b…
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15. Exploring Patent Applications: A Detailed Overview
23:09
23:09
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23:09In this episode, Samar and Jamie delve into the different types of patent applications, and the key information to remember for each one. There are 3 main types of applications -- design, utility, and plant. For utility patents, you may file a provisional or a non-provisional application as well. PCT applications make it possible to apply for a pat…
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MPEP Q & A 315: List examples of situations that confirm a “real world” context of use.
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3:11
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3:11Question: List two examples of situations that require or constitute carrying out further research to identify or reasonably confirm a “real world” context of use and, therefore, do not define “substantial utilities.” Answer: The following are examples of situations that require or constitute carrying out further research to identify or reasonably …
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MPEP Q & A 314: What will the request indicate for each patent and printed publication cited in the request?
3:30
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3:30Question: When an examiner concludes that no substantial new question of patentability has been raised, they will prepare a decision denying the reexamination request. What will that request indicate for each patent and printed publication cited in the request? Answer: If the examiner concludes that no substantial new question of patentability has …
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MPEP Q & A 313: Reasons why the Office will withdraw the application from issue.
2:19
2:19
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2:19Question: Once the issue fee has been paid, list two reasons why the Office will withdraw the application from issue at its own initiative. Answer: Once the issue fee has been paid, the Office will not withdraw the application from issue at its own initiative for any reason except: (1) A mistake on the part […] The post MPEP Q & A 313: Reasons why …
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14. What to Do After Receiving a Notice of Allowance
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20:32In this episode of Patent Pending Made Simple, Jaime and Samar tell you what a notice of allowance is, how it should be treated, and what you need to do after receiving one. Summary In this episode, the hosts discuss what to do after receiving a notice of allowance on a patent application. They explain a notice of allowance and how long it typicall…
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MPEP Q & A 312: List two General Plastic non-exclusive factors.
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3:18
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3:18Question: List two General Plastic non-exclusive factors. Answer: The General Plastic non-exclusive factors include the following: Whether the same petitioner previously filed a petition directed to the same claims of the same patent; Whether at the time of filing of the first petition the petitioner knew of the prior art asserted in the second pet…
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In this episode host Ben Chapman is joined by Technical Assistant Jenifer Milligan to talk about the transition from the world of academia to the world of intellectual property.By Carpmaels & Ransford
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MPEP Q & A 311: Two requirements for a petition for suspension of action under 37 CFR 1.103(a)
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3:23
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3:23Question: List two requirements for a petition for suspension of action under 37 CFR 1.103(a). Answer: A petition for suspension of action under 37 CFR 1.103(a) must: (A) be presented as a separate paper; (B) be accompanied by the petition fee set forth in 37 CFR 1.17(g); (C) request a specific and reasonable period of suspension not greater than […
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13. Received a Rejection? What to do next: Amending Claims vs. Arguing
22:44
22:44
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22:44In this Patent Pending Made Simple episode, Jaime and Samar debate whether to amend claims or argue against rejections in a patent application. It is common to receive rejections in the patent process, but determining whether or not you should fight those rejections or amend claims in your application is a difficult dance. Listen in to get some ins…
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MPEP Q & A 310: List two examples of notices issued as part of the pre-examination processing of an application
3:29
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3:29Question: The three-month period in 37 CFR 1.704(b) applies to the Office notices and letters issued as part of the pre-examination processing of an application (except a Notice of Omitted Items in a Nonprovisional Application as discussed above). List two examples of these notices. Answer: These notices include: A Notice of Incomplete Nonprovision…
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MPEP Q & A 309: List two requirements for adding a “Sequence Listing” after the application filing date?
3:15
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3:15Question: List two requirements for adding a “Sequence Listing” after the application filing date? Answer: Adding a “Sequence Listing” after the application filing date involves the submission of: a “Sequence Listing” either as a PDF image file, on physical sheets of paper, or as an ASCII plain text file submitted via the USPTO patent electronic [……
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12. The Complexities of Determining Inventorship
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15:57Who is an inventor when it comes to a patent? Can there be multiple inventors? What rights do they have? These questions will be answered in this insightful episode of Patent Pending Made Simple, where our hosts, Jamie Brophy and Samar Shah, delve into the intricacies of inventorship claims and their implications in the realm of patent applications…
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