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BEST PRACTICES FOR PATENTING CHEMICAL AND MATERIAL COMPOSITIONS

September 17, 2019
USA (United States of America)
One of the chief challenges in drafting a chemical patent application, be it for a new molecule, a new composition of existing materials, or a new chemical-based method, is planning for the unknown. At the time of drafting, one does not necessarily know all of the prior art, which rejections (often creative) an Examiner will make, what the commercial embodiment will be, and what data may later be available to demonstrate patentability. The ever-changing patent law landscape, in the U.S. and abroad, injects further uncertainty into the process. Two seasoned patent practitioners will provide strategies and practice tips for dealing with this uncertainty, at the time of drafting and during prosecution, with a focus on being prepared to overcome rejections during prosecution and to provide broad but defensible coverage.