June 28, 2013

Pushing Back to Patent Critical MEMS Technology

Even the most well-executed patent applications can be rejected based on the perspective of the examiner who processes them. In this case, our high-profile MEMS client received a rejection from the patent office for a semiconductor technology critical to its business operations and competitive advantage.

Feeling strongly about the strength of our client’s position, former USPTO patent examiner Steve VerSteeg used his experience to successfully navigate the situation. Taking a collaborative approach, we held conference calls to further understand the examiner’s concerns. When that didn’t prove successful, we recommended an appeal, with which the examiner would have to defend a position before the United States Patent and Trademark Office’s Patent Trial and Appeal Board.

In lieu of appearing before the board, the examiner allowed one claim. Fully prepared to appeal, we pushed for more claims and finally came to a resolution with the examiner. Combining a collaborative and aggressive approach, we obtained a patent that covered all claims in a matter of months, instead of having to appeal, which could have taken years before a decision was reached.

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Steve VerSteeg