Author Archives: John DiGiacomo

Patent and Intellectual Property Law: Freedom to Operate (“FTO”) Analysis

Patent and Intellectual Property Law: Freedom to Operate (“FTO”) Analysis

Patent

Under US patent law, the owner of a patent has the exclusive right for the duration of the patent to manufacture, market, sell, and license the invention that is protected by the patent. This is similarly true for patents issued by patent offices in foreign countries. If you violate someone else’s patent, you can be […]

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Patent Law: What is Rejection for Double Patenting?

Patent Law: What is Rejection for Double Patenting?

Patent

In the U.S., patents are issued by the U.S. Patent and Trademark Office (“USPTO”). When a patent application is submitted, the USPTO will assign a patent examiner to the application. In general, the patent examiner is tasked with ensuring that the patent application meets the legal requirements. If the legal requirements are NOT met, then […]

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Want to Fast-Track Your Patent Application? How to Successfully Navigate the Patent Prosecution Highway (PPH) Process

Want to Fast-Track Your Patent Application? How to Successfully Navigate the Patent Prosecution Highway (PPH) Process

Patent

For inventors and owners who have received, from a foreign (non-U.S.) patent office, a notice of patent allowance or a final ruling allowing at least one claim, there is a process for fast-tracking any corresponding U.S. patent application. This is called the “Patent Prosecution Highway” (“PPH”). The PPH is an international treaty-based arrangement between the […]

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Request for Continued Examination: Definition, Requirements, and Advantages

Request for Continued Examination: Definition, Requirements, and Advantages

Patent

When a patent applicant receives a “final determination” — a Final Office Action — from the US Patent Office, the applicant has several options. One option is to file a Request for Continued Examination (“RCE”). Here is a brief explanation of the definition of an RCE, the requirements and advantages. What is an RCE? Essentially, […]

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