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Divergent Patent Law Blog
Commentary on U.S patent prosecution, PTAB practice, Federal Circuit developments, and cross-border patent strategy.


After-Final Practice at the USPTO and Reexamination Before CNIPA: A comparative guide for United States and Chinese patent practitioners
Executive Summary: This article compares after-final practice at the United States Patent and Trademark Office (USPTO) with reexamination before the China National Intellectual Property Administration (CNIPA), using each system’s familiar procedures to explain the other to U.S. and Chinese patent practitioners. A U.S. final Office action restricts further prosecution while preserving distinct routes for amendment, continued examination, and appeal; a Chinese rejection decisio
Brandon Theiss
Sep 2722 min read


The Reference Arrived After the Issue Fee: A Practical Guide to QPIDS
Executive Summary: The Quick Path Information Disclosure Statement (QPIDS) program provides a conditional procedure for obtaining examiner consideration of newly identified information after the issue fee has been paid but before the patent issues. Its use depends on a truthful certification under 37 C.F.R. § 1.97(e), a complete electronic filing package, and timely completion of the required web-based ePetition; counsel should verify and retain both the Electronic Acknowledg
Brandon Theiss
Sep 2518 min read


Correcting Patent Applications After Allowance Under Rule 312: A practical guide to timing, discretion, procedural alternatives, and enforcement consequences
Executive Summary: A notice of allowance does not eliminate prosecution risk; it compresses the time available and narrows the procedures for correcting an application before issuance. Rule 312 offers a final, low-disruption opportunity to make a supported correction, but entry is discretionary and ordinarily depends on whether the examiner can evaluate the change without withdrawing the application from issue or performing substantial additional work. The strongest submissio
Brandon Theiss
Sep 2318 min read


The Doctrine of Equivalents in the United States and Selected European Forums
Executive Summary: Patent protection in the United States, the United Kingdom, Germany, and the Unified Patent Court can extend beyond the ordinary meaning of the claims, but the governing tests and limits differ by forum. This article organizes the comparison around three questions: whether the accused variant is technically equivalent, whether the patentee’s drafting or prosecution choices make that coverage legally unavailable, and whether extending protection would underm
Brandon Theiss
Sep 2118 min read


Missed the Provisional Patent Deadline? Options for Filing a PCT Application
Executive Summary: Missing the twelve-month priority deadline after filing a U.S. provisional application does not necessarily foreclose international patent protection. A PCT application filed within the following two months may retain the provisional’s priority through a timely, supported restoration request. Filing directly with WIPO’s International Bureau as receiving Office (RO/IB) allows applicants to seek restoration under either the “due care” or “unintentional delay”
Brandon Theiss
Sep 1920 min read
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