Does filing a patent application guarantee that a patent will be granted?
No. Filing establishes a pending application, but it does not guarantee allowance or issuance of a patent. The USPTO independently determines whether the claimed invention satisfies the applicable legal requirements. The result may depend on the prior art located during examination, the quality and scope of the original disclosure, the claims presented, and the arguments […]
Can Mattis IP file an appeal before the USPTO?
Yes. When appropriate, Mattis IP may prepare and pursue an appeal from an examiner’s rejection to the USPTO Patent Trial and Appeal Board (PTAB). An appeal is generally considered after the claims have been rejected more than once and the applicant believes the examiner’s position should be reviewed by the Board. An appeal commonly involves […]
Can Mattis IP take over an existing U.S. patent application?
Yes. Mattis IP may take over the prosecution of an existing U.S. patent application, including an application originally prepared or handled by another practitioner. Before accepting the matter, Mattis IP generally reviews the application, claims, prosecution history, current deadlines, ownership or applicant information, and any outstanding USPTO communications. A change in representation may require appropriate […]
Can Mattis IP respond to USPTO Office Actions?
Yes. Mattis IP prepares and files responses to USPTO Office Actions in utility patent applications. The work may include analyzing the examiner’s cited references and reasoning, reviewing the application and prosecution history, discussing technical distinctions with the inventors, developing arguments, and proposing claim amendments when appropriate. The objective is not merely to obtain any allowable […]
What is a USPTO Office Action?
An Office Action is an official written communication from a USPTO patent examiner. It may identify formal matters that need correction, object to portions of the application, or reject one or more claims. Common claim rejections may involve prior art, clarity, written-description or enablement requirements, subject-matter eligibility, or claim form. An Office Action is not […]
What happens after my U.S. patent application is filed?
After filing, the USPTO reviews the application for formal requirements and assigns it to an examining group based on the technology. A patent examiner then evaluates the claims and supporting disclosure under applicable patent laws and rules. The examiner may search earlier patents, published applications, and other references and may issue an Office Action explaining […]