Administrative Convenience Taken Too Far: In Re Japikse

Law360, New York (August 6, 2013, 1:29 PM EDT) -- Here is a likely scenario. You have filed a patent application that represents a considerable amount of your time and your client's money, research and development. About two years later you receive a response from a patent examiner with the U.S. Patent and Trademark Office rejecting the claims in the application. The patent examiner does not cite to any prior art references that disclose the claimed invention, nor does the examiner combine the teachings of multiple prior art references to reach the subject matter of the claims. It’s worse.

In the rejection, the examiner merely cited to the decision of a...

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