US Patent Prosecution history


 
 
The first thing about the US Patent and Trademark Office is that it is very SLOW. We had to decide whether to proceed on the International Patent applications long before we had any idea about the progress in the US PTO. In fact we had already fairly encouraging news from Europe (we had convinced the Examiner that our claims were valid) just about the time that the USPTO outright denied our application on the basis of Terada.

Ironically if the US had been faster, we might well not have proceeded internationally. As it turned out the delay made us hedge our bets and take out the European Patent which we might otherwise have avoided, so it was to our benefit in the end.

The first (?) amusing thing to happen was that we were summarily informed that the Examiner wanted to change our title from "Code Server" to "Method and apparatus for consolidating software module linkage Information used for starting a multi-module program". I'm really glad that no other patent authority made such a decision, and also that the subsequent US Patent
does have the "Code Server" moniker. Their revised title isn't much of a buzz word.

To make matters really fun, the US Examiner got stubborn and decided that he wasnt going to accept our main (independent) claims. This meant we had to go to an appeal, which sounds horrendous. In fact all we did was restate our position (we got stubborn) and the panel of 3 judges overturned the Examiner's decision. But for a while the lights seemed to have gone out.

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