This installment of patent examination types is a review of examiners’ negotiation tactics. These tactics are used to compel the examiner’s desired result – irrespective of the technical merit of your application and claims.
Continue reading Patent Examination Types, Part III
The USPTO is organized to give examiners every possible reason to reject unallowable patent applications (and pressuring them to do so, through mechanisms like OPQA review). The courts are also giving examiners ever-increasing options for rejecting broad claims and narrowing patent scope. The logical result is that for patents that survive the brutal gauntlet of patent examination, the USPTO should celebrate the patented achievement and promote the patentee’s rights.
But this presumption runs contrary to one of the USPTO’s consistent policies over the past decade, which raises the question: Why does the USPTO consistently oppose patent term adjustment?
Continue reading Mysteries of Patent Law: The USPTO’s Opposition to Patent Term Adjustment
This is my first entry in a series of posts with a different tone, presenting questions about why some aspects of U.S. patent law are the way that they are, and hazarding some guesses at the answer.
And the first question on my mind is simple: Why is the Supreme Court of the United States so active on patent law issues?
Continue reading Mysteries of Patent Law: Supreme Court’s Patent Law Activism