Welcome to PatentablyDefinedTM.

If you have found your way here, you probably have an interest in transacting business with the USPTO. PatentablyDefined is a blog directed exclusively to this subject. By providing practical information, discussions of prosecution strategies, and examples, PatentablyDefined has become a trusted resource for inventors and patent practitioners alike. So browse this blog and feel free to consider and/or use the information and examples discussed here.

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© 2013, Michael E. Kondoudis

The Law Office of Michael E. Kondoudis
DC Patent Attorney


The Nonobviousness of “Simple” Inventions

January 31, 2013

As regular readers of this blog know, I advocate using the USPTO’s Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution.  This is by no means a per se rule, however.  There are times when I find judicial authority more effective.  One situation where judicial decisions have been particularly helpful has been when […]

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A Strategy To Speed Up The Prosecution Of Older Cases

October 22, 2012

The USPTO’s Manual of Patent Examining Procedure (MPEP) includes many interesting but somewhat obscure provisions.  One of the more useful examples of these provisions is § 707.02.  Section 707.02 of the MPEP essentially imparts “special” status to older cases and cases in which a third Office action has been issued.  Special status gives an application […]

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What To Do When An Applicant’s Entity Status Changes During Prosecution

August 20, 2012

INTRODUCTION Applicants who qualify as small entities as defined by 37 CFR 1.27(a) enjoy a 50% reduction in most government fees.  And, in most cases, a small entity applicant remains a small entity throughout the prosecution of an application. This is not always the case, however. Through growth, acquisition, or sale, it is not uncommon for […]

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The Analogous Art Requirement and How to Traverse Obviousness Rejections Based on Non-Analogous Art

June 7, 2012

INTRODUCTION The provisions of 35 U.S.C. § 103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to […]

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