What types of items can be submitted for supplemental examination?
According to MPEP 2809, a wide range of items can be submitted for supplemental examination, including: Patents Published patent applications Non-patent literature Office actions or other documents from a foreign or domestic application Affidavits or declarations Sales receipts Copies of websites Office actions or official documents from the USPTO The MPEP states: “An “item of…
Read MoreWhat information is not available in the public reexamination files on Patent Center?
While most of the reexamination file content is publicly accessible through Patent Center, non-patent literature is not available. The MPEP clarifies this limitation: In viewing the images of the reexamination proceedings, members of the public will be able to view the entire content of the reexamination file with the exception of non-patent literature. To access…
Read MoreCan non-patent literature be used as prior art in ex parte reexamination requests?
Yes, non-patent literature can be used as prior art in ex parte reexamination requests, provided it qualifies as a “printed publication.” The MPEP 2244 states: “The prior art that may be submitted under 35 U.S.C. 302 is limited to ‘patents or printed publications.’” Printed publications can include various forms of non-patent literature such as: Scientific…
Read MoreCan court documents and non-patent literature be modified when submitting for supplemental examination?
According to MPEP 2807, court documents and non-patent literature can be redacted but must otherwise remain unmodified. The MPEP states: “37 CFR 1.615(b) provides that court documents and non-patent literature may be redacted, but must otherwise be identical both in content and in format to the original documents, and if a court document, to the…
Read MoreHow does the USPTO approach searching for non-patent literature in prior art searches?
The USPTO recognizes the importance of non-patent literature (NPL) in prior art searches. According to MPEP 904.02: “The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed. The search should not be limited to the examples or embodiments given in the specification.”…
Read MoreWhat types of references should examiners consider during a patent search?
Patent examiners should consider a wide range of references during their search to ensure a comprehensive examination. The MPEP 904.03 states: In all references considered, including NPL, foreign patents, and domestic patents, the examiner should study the specification or description sufficiently to determine the full value of the reference disclosure relative to the claimed or…
Read MoreWhat translation services does the STIC provide for patent examiners?
The Scientific and Technical Information Center (STIC) offers valuable translation services to support patent examiners in their work. According to MPEP 901.06(a): “Translations of foreign patents and non-patent literature can be obtained through the Scientific and Technical Information Center (STIC).” This service is crucial because it: Allows examiners to access and understand foreign language documents…
Read MoreHow can patent examiners access non-patent literature through STIC?
Patent examiners can access non-patent literature through the Scientific and Technical Information Center (STIC) in several ways: Electronic Resources: STIC provides access to e-books, e-journals, and databases via the STIC NPL website. Print Collections: Each Electronic Information Center (EIC) has a tailored print collection for its Technology Center. Online Catalog: Examiners can use the STIC…
Read MoreHow does MPEP 904 guide examiners in searching non-patent literature?
MPEP 904 provides guidance on searching non-patent literature (NPL) as part of a comprehensive prior art search. The section emphasizes the importance of NPL in certain fields: “Examiners are also encouraged to independently search other pertinent electronic information sources such as the Internet, project XSearch, and commercial databases.” Key points about NPL searching include: Examiners…
Read MoreHow should examiners handle non-patent literature from the internet?
Examiners should handle non-patent literature (NPL) from the internet as follows: Treat internet sources as non-patent literature Include them in the list of references cited (PTO-892 form) Provide copies for the applicant’s use The MPEP states: “Internet sources … are to be treated in the same manner as other non-patent literature.” (MPEP 904.02(c)) This ensures…
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