Ten Common Mistakes to Avoid When Drafting and Prosecuting US Patent Applications

Benjamin J. Hauptman

This lecture will explain numerous common mistakes that non-US patent practitioners should be aware of when drafting and/or prosecuting US applications. It will further discuss various recommendations for avoiding such mistakes, and for obtaining strong US patent rights. Many mistakes and recommendations are based on real life situations and recent case law which offer a practical view of the specifics of the US patent system. The lecture will also identify several practices, which are widely accepted outside the US, but would bring undesirable consequences (which could be severe) if rigidly adopted in the US. Practical tips for quickly and effectively modifying these non-US practices to fit the US patent system will also be provided.