The previous note (attached) focuses on what’s neither in the Rules of Practice in Patent Cases, the Manual of Patent Examining Procedure nor the mammoth AIPLA treatise cited in the attached document.
Within the hundreds and hundreds of pages of documentation, lost is any focus on the need to avoid meeting nonstatutory requirements that make no meaningful contribution to the patent examination process but do bog down the drafting of the patent application, antithetical to any first-to-file system.

 

Regards,
Hal

 

In the five years since the Leahy Smith America Invents Act became law, many Americans have adapted to the new reality of first-to-file.  Yet, theRules of Practice in Patent Cases and the Manual of Patent Examining Procedure retain cobwebs of practice guidance from an earlier era which hold back the American inventor in making the earliest possible first filings.

“WINNING THE FIRST-TO-FILE RACE TO THE PATENT OFFICE:  TEN THINGS NOT TO INCLUDE IN THE APPLICATION”: The captioned paper provides a list of ten things the American inventor taught to do when filing the first application, and why this guidance is not appropriate.

WinningFirstToFileMay16

Regards,
Hal