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 1 
 on: Yesterday at 10:32 pm 
Started by RosieBioms - Last post by RosieBioms
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 2 
 on: Yesterday at 09:54 pm 
Started by 1099 - Last post by fewyearsin
OK, I'll be a little more specific.  Partner is telling me that 2.5 hours are needed to review responses to Office Actions, which amounts to 1/3 of budget. 

Seems way high to me when partner and clients like my work, changes to my draft responses are minimal. 

Any thoughts?   
2.5 hrs is for a new guy.  If you've been doing this for more than a year, you should see review time more like 0.2-0.5, maybe up to an hour depending on complexity and if changes are needed after the first review.

 3 
 on: Yesterday at 08:46 pm 
Started by 1099 - Last post by 1099
OK, I'll be a little more specific.  Partner is telling me that 2.5 hours are needed to review responses to Office Actions, which amounts to 1/3 of budget. 

Seems way high to me when partner and clients like my work, changes to my draft responses are minimal. 

Any thoughts?   

 4 
 on: Yesterday at 08:39 pm 
Started by JoeEngineer2017 - Last post by JoeEngineer2017
I apologize for the long story, and I truly thank anyone who is able to give any advice:

Employee Joe worked for Company A.  Company A issued two main utility patents. 

Patent 1 was for their first generation process it included the unique configuration of equipment and optimal process conditions for a well-known process that has existed for decades. 

Patent 2 built off patent 1, slightly modified the configuration of equipment, within the claims used some of the same optimal process conditions but added some additional parameters not listed in Patent 1 and lastly described some of the detail design aspects of the equipment used but does not include any of the specifics in the claims.

Although Patent 2 is similar to Patent 1, Patent 2 does not reference Patent 1 at all.

Company A goes out of business and its IP is purchased by Company B.  Patent 2 has been assigned to Company B and Company B has paid the maintenance fees on Patent 2.  Patent 1 was never assigned over to Company B (not sure why) and the maintenance fees on Patent 1 have not been paid.  As of 2016 Patent 1 is closed due to maintenance fees not being paid.

Company B is not actively using the IP nor plans to.  Employee Joe plans to create a new company that will utilize new IP that is close to the IP owned by Company B and Joe is unsure if it will infringe on Company B’s IP.  Joe would prefer not to have to pay Company B for their IP as he believes his new IP will not infringe on the IP that Company B owns, but also does not want to get sued, as Company B is big and Joe is small.

Thanks for reading my story, my questions now are:

1. Does patent 1’s maintenance fees not being paid help Joe at all?

2. Patent 1 expires prior to patent 2; when patent 1 expires are its claims open for practice even if similar claims are made in Patent 2 that has not expired?

3. Within Patent 1 and 2 when referring to the process conditions within the claims the term “at least about” is very often used along with “less than about” and “between about”.  When using terms like this how close can someone get to the specified number without infringing? For example if a claim says the process operates at least about 100 psi; does operating at 50 psi infringe? What about 90 psi? What about 900 psi?  Not sure if there is an answer but curious of people's opinions.

Thanks again, I really appreciate any help/advice anyone is able to give including anything not asked in my questions.

Joe  :)

 5 
 on: Yesterday at 04:40 pm 
Started by dallin_packard - Last post by dallin_packard
I will be mostly if not completely ready for the exam right when law school starts, so I would just need to take the test during a random day, or during a weekend.

 6 
 on: Yesterday at 03:44 pm 
Started by dallin_packard - Last post by Tobmapsatonmi
Caveat - yes, but not at the risk of lower 1L grades, which are significantly more important than grades in 2L/3L.

So don't split your attention first year, unless you're sure you can handle it.  While as an EE-JD the current indications are that you'd be in demand in any event, being near the top of your 1L class opens opportunities for your consideration that you won't get if you aren't at the top of your class.

 7 
 on: Yesterday at 02:36 pm 
Started by dallin_packard - Last post by MYK
Would it put me in a significantly better position for internships if I have already passed the patent bar?
Yes.

 8 
 on: Yesterday at 02:27 pm 
Started by dallin_packard - Last post by dallin_packard
I am an EE student and will graduate mid August and will rush to law school weeks after. My question is: Is it worth it for me to take the patent bar at the beginning of my 1L year? I will be ready to take it as soon as I graduate with my EE, but my diploma won't be in for a month or so, so I wouldn't be able to take it until law school has begun. Would it put me in a significantly better position for internships if I have already passed the patent bar?

 9 
 on: Yesterday at 01:06 pm 
Started by dab2d - Last post by Peacefulness
Check the Filing Receipt that you filed for the application.  If the information is correct on the filing receipt, you're fine.  If it is incorrect, you can follow the instructions of correcting it which is on the Filing Receipt.  Alternatively you can simply file another ADS on the case and have it be entered.

 10 
 on: Yesterday at 12:08 pm 
Started by JkBnjmin - Last post by MYK
A patent is considered valid and enforceable unless proven otherwise, so yes, he can try to enforce it against you.  You would have to invalidate the patent, either in court or in one of the administrative proceedings such as ex parte reexam, inter partes review, post grant review. . . .  If you want to do it on the cheap, you can consider building up a listing of prior art and then counter-threatening your competitor with that listing after he threatens to sue you.  It is arguably safer but more expensive to file an EPR/IPR/PGR with the USPTO so that you can have your say instead of relying on your competitor's common sense.

The description on the forum, if it can be properly dated, could be considered prior art.  You would be better off doing a patent search and finding patents and application publications dated before the filing date.

Yes, known stuff and sometimes even complete garbage slips through the system sometimes.  The various patent offices around the world can't possibly sort through every single forum posting ever just to invalidate someone's application.

Nota bene, if he files a lawsuit before you've filed for administrative review, courts often are NOT willing to delay the lawsuit while waiting for the administrative review process to complete.  You're more likely to get a stay with IPR than with EPR.

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