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.

The USPTO’s Interim Guidance For Determining Subject Matter Eligibility For Process Claims

July 28, 2010

The USPTO has published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos. This Interim Guidance went into effect yesterday, July 27, 2010, supersedes previous guidance on subject matter eligibility, and is to be retroactively applied to all pending applications. The Interim Guidance is available here (in html) [...]

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Extensions Of Time, How To Petition For An Extension, And Examples Of Petitions

July 26, 2010

When an Office action is issued by the USPTO, the time period for filing a reply begins.  If a reply is not filed within the period specified in the Office action, the application is technically abandoned by operation of Rule.  An applicant can usually buy an extension of up to five additional months, however, so [...]

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Welcome To The New And Improved PatentablyDefined!

July 9, 2010

For those of you who have followed this blog over the years, welcome to version 3.0! This site has been quiet for the past several weeks while it underwent an overhaul, which included both a new, custom theme and a WordPress upgrade. I also used this time to take a break from posting and regain [...]

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What To Do If You Omit A Document Or File The Wrong Document In A New, Electronically Filed Application

June 4, 2010

Many filing errors (e.g., the failure to file all of a document, the failure to pay a fee, or the unintended filing of an unrelated document) are correctable without penalty by a corrective electronic submission, if it is filed the very same day.  This post discusses a few of the filing errors correctable in this [...]

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Exercise Extra Care With NonPublication Requests

June 4, 2010

In a post back in June, I discussed how many filing errors/omissions in new, electronically filed applications may be corrected by a follow up submission on the same day.  Not every omission may be corrected this way, however.  Since my June post on the correction of filings, I have received several emails inquiring about the [...]

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