Generally, when drawings for utility patent applications are required, they must be black and white line drawings. Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even then an applicant must petition the USPTO to accept them. This petition, along with the color drawings, is typically filed…
The USPTO Updates Its Post-KSR Examination Guidelines
The USPTO has updated its examination guidelines concerning obviousness under 35 U.S.C. §103, in light of precedential decisions from the Federal Circuit issued since the United States Supreme Court decision in KSR Int’l Co. v. Teleflex Inc. The Updated Examination Guidelines were published in the Federal Register yesterday and include additional didactic examples concerning obviousness. …
Change in USPTO Procedure – Examiner Interviews Without A Power Of Attorney Now Permitted In Some Circumstances
The USPTO recently issued a notice modifying the procedure for registered practitioners to show authorization to conduct an examiner interview. Now, in addition to the submission of an executed power of attorney, the signing and submission of an Applicant Initiated Interview Request Form (Form PTO-413 A) will be treated as a proper indication of authorization…
The USPTO’s Interim Guidance For Determining Subject Matter Eligibility For Process Claims
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)…
Extensions Of Time, How To Petition For An Extension, And Examples Of Petitions
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…