Looking at Patent Law: Patenting Lithium Metal Phosphate Materials for Rechargeable Batteries-A Case Study

In this installment of the semi-regular column on patent law, we present a case study of the filing and prosecution of the first two seminal lithium metal phosphate rechargeable battery patent. The case study illustrates the differences between a provisional and non-provisional utility patent application and the requirements to establish and maintain a filing date for both types of patent applications. In addition, the case study illustrates the requirement to submit an "Information Disclosure Statement" (IDS) and the associated "Duty of Candor" in interacting with the USPTO. Finally, the case study illustrates the "Restriction/Election" requirement associated with different species of materials and the resulting continuing patent application. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions.