Thomas J. Kowalski
- Indexed articles, last 90 days
- 2
- Latest publication
- Sep 25, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 9, 2026
Latest articles
Chemical Identity Is Structural Identity: Disclosed Shared Structural Features Of Genus Members Adequately Describes Genus In Rebutting A Written Description Challenge (opens the original)
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While genus claims encompass a broader range than species claims, these claims are often vulnerable to challenges as to whether there was adequate written description across the breadth of the genus claimed. A goal of patent practitioners during the prosecution of a patent application before the United States Patent and Trademark Office is to lawfully obtain the broadest possible legal scope of protection for the underlying invention through granted claims that can withstand a validity challenge
"2" Does Not Equal "1" – A Reminder That Provisional Patent Applications Must Sufficiently Describe The Underlying Subject Matter For A Priority Claim (opens the original)
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Where a subsequent change alters the scope of what was disclosed—even by a single carbon atom—the change introduces subject matter for which the provisional provides no support. The provisional application is frequently the first step in protecting an invention, prized for establishing an early priority date while deferring the cost and formality of a complete nonprovisional filing. Yet the benefit of that earlier filing date is not automatic. For a particular aspect, feature or limitation discl
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