Prior Art and Continuation-in-Part Claims

What are the dates to which prior art must adhere, in examination of claims in a continuation-in-part (CIP) nonprovisional patent application?  Each claim in a CIP, whether independent or dependent, has its own priority date.  Each claim in a CIP that is fully supported in the parent application […]

Patent Claim Preambles Post-Alice

What is in the preamble of a patent claim?  And, can the contents of the preamble influence the claim examination process?  Ever since the US Supreme Court ruling in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., patent claims have faced an elevated possibility of being […]

Structure and Connectivity in Patent Claims

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements.  Occasionally, claims are rejected during examination as indefinite, with the Examiner pointing out that it is not clear how the claim elements are interrelated […]

Logic, Arguments and Patents

Patent prosecution involves one side arguing for, and another side arguing against, the validity of claims in a patent application.  This takes the form of a written discourse, in which an Examiner for the USPTO (United States Patent and Trademark Office) generally argues (in an Office action) the […]