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


Keeping the Family Open: U.S. Continuation Practice Compared with Europe, China, Korea, and Japan
Executive Summary: U.S. continuation practice is a uniquely powerful portfolio-management tool because it allows applicants to keep a patent family pending and pursue additional same-disclosure claim sets as markets, competitors, prior art, licensing needs, and litigation positions evolve. By contrast, Europe, China, Korea, and Japan offer important but more constrained follow-on mechanisms—principally divisionals, Korea’s narrower split/separate application procedure, and po
Brandon Theiss
Jul 1218 min read


The Global Examiner Interview: Communication, Commitment, and File-History Risk Across the USPTO, EPO, JPO, Korean, and Chinese Patent Offices
Executive Summary: Examiner interviews are a valuable prosecution tool, but their strategic significance varies sharply by jurisdiction. The central question is not simply whether an examiner will communicate with the applicant, but whether that communication carries procedural consequence, decisional authority, file-history effect, or merely informs the next formal filing. At the USPTO, interviews are routine and often powerful, but they must be recorded and may create prose
Brandon Theiss
Jul 614 min read


Patent-Term Relief in Korea and the United States: Distinguishing Patent-Office Delay from Regulatory Delay
Executive Summary: This article explains that patent-term relief in Korea and the United States should be analyzed by the legal source of the lost time, not by the shared shorthand of “extension.” In the United States, patent term adjustment compensates for patent-office delay under 35 U.S.C. § 154, while patent term extension compensates for regulatory-review delay under 35 U.S.C. § 156. Korea has comparable but distinct regimes: Article 92-2 addresses delayed patent registr
Brandon Theiss
Jun 2911 min read
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