How does the best mode requirement relate to biological deposits in patent applications?
The best mode requirement, as it relates to biological deposits in patent applications, is based on 35 U.S.C. 112(a). According to MPEP 2411.01: “A rejection for lack of a best mode will be rare in the ex parte examination process because it requires (1) a finding by the examiner that, at the time the application…
Read MoreWhat is the best mode requirement under 35 U.S.C. 112(a)?
The best mode requirement under 35 U.S.C. 112(a) mandates that the inventor must disclose the best mode contemplated for carrying out the invention at the time of filing the patent application. MPEP 2166 provides a form paragraph for best mode rejections: “Claim [1] rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph,…
Read MoreDoes an affidavit under 37 CFR 1.130 need to demonstrate enablement?
No, an affidavit or declaration under 37 CFR 1.130 does not need to demonstrate enablement. The MPEP 2155.04 clearly states: “An affidavit or declaration under 37 CFR 1.130(a) or (b) need not demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an…
Read MoreHow should colors be described in a plant patent application?
When color is a distinctive feature of a plant in a patent application, it should be accurately described. According to MPEP 1605: “Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color…
Read MoreHow does an examiner handle new matter in a patent application?
When an examiner encounters new matter in a patent application, they follow a specific procedure outlined in MPEP 2163.06: “If new matter is added to the claims, the examiner should reject the claims under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph – written description requirement. In re Rasmussen, 650 F.2d 1212, 211…
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