Question 1

What is a classified search in patent examination?

Accepted Answer

A classified search in patent examination refers to searching specific classification areas where the claimed subject matter of a patent application would be properly classified. According to MPEP 904.02(a):

"A search areas included in a proper field of search normally include the classification locations in which the claimed subject matter of an application would be properly classified at the time of the application's classification or grant of a patent."

This search method helps examiners efficiently locate relevant prior art by focusing on the most probable areas where similar inventions or technologies would be classified.

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Question 2

What is the significance of the 'Fields Searched' section in an International Search Report?

Accepted Answer

The 'Fields Searched' section in an International Search Report (ISR) is crucial as it indicates the scope and thoroughness of the international search. According to MPEP 1844:

"The Search Report should list the classification identification of the fields searched."

This section typically includes:

International Patent Classification (IPC) symbols
Other classification systems used (e.g., CPC)
Keywords or search terms used
Databases consulted

The 'Fields Searched' information helps applicants and patent offices assess the comprehensiveness of the search and may guide further searches or examinations. It also provides transparency in the search process, allowing others to understand the extent of the prior art considered.

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Question 3

How does an examiner determine the field of search for a patent application?

Accepted Answer

How does an examiner determine the field of search for a patent application?

An examiner determines the field of search for a patent application by analyzing the invention's subject matter and identifying relevant areas of technology. According to MPEP 904.02:

"The field of search should extend to all probable areas relevant to the claimed subject matter and should cover the disclosed features which might reasonably be expected to be claimed."

The examiner considers:

The invention's classification
Related technologies and applications
Potential alternative embodiments
Cross-references to other relevant classes/subclasses

By thoroughly defining the field of search, examiners ensure a comprehensive review of prior art, enhancing the quality and validity of granted patents.

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Question 4

What is the purpose of an international search in patent applications?

Accepted Answer

The international search is a crucial component of the Patent Cooperation Treaty (PCT) process. According to MPEP 1843, its purpose is to provide "a thorough, high quality search of the most relevant resources." The main objectives are:

To uncover relevant prior art
To provide information on relevant prior art to the applicant, the public, designated Offices, and the International Preliminary Examining Authority
To establish an international search report

As stated in the MPEP, "PCT Article 15 describes the objective of the international search, i.e., to uncover relevant prior art, and also describes the international-type search." This search helps determine the novelty and inventive step of the claimed invention.

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Question 5

What role do classification definitions play in a classified patent search?

Accepted Answer

Classification definitions play a crucial role in guiding examiners during a classified patent search. MPEP 904.02(a) emphasizes their importance:

"The examiner should, on the basis of the disclosed features of the invention, descriptive material, and the field of search suggested by the classification definition, identify the subclasses, and perhaps classes, most likely to contain the prior art which could anticipate or render obvious the claimed invention."

Classification definitions serve several key purposes:

Provide a detailed description of the subject matter covered by a class or subclass
Help examiners understand the scope and boundaries of each classification
Suggest related areas that may contain relevant prior art
Guide the examiner in determining which subclasses to search

By carefully reviewing classification definitions, examiners can ensure they are searching in the most relevant areas and conducting a thorough and efficient prior art search.

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Question 6

What is the "special technical feature" in unity of invention?

Accepted Answer

What is the "special technical feature" in unity of invention?

The "special technical feature" is a key concept in assessing unity of invention. According to the MPEP 1893.03(d):

"The expression 'special technical features' means those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art."

This means that the special technical feature is the element or aspect of an invention that distinguishes it from known prior art and connects multiple inventions in a way that demonstrates their unity. If multiple inventions share this special technical feature, they are considered to have unity of invention.

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Question 7

What action should a patent examiner take if they question test results in a patent application?

russ.krajec@blueironip.com · Accepted Answer

If a patent examiner questions the test results in a patent application, they should reject the relevant claims based on insufficient disclosure. The MPEP 707.07(l) provides clear guidance:

If the examiner questions the results, the appropriate claims should be rejected as being based on an insufficient disclosure under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112.

This rejection is based on the written description and enablement requirements of 35 U.S.C. 112. The examiner should provide a clear explanation of why they believe the disclosure is insufficient to support the claimed invention.

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35 U.S.C. 112

Question 8

How does the level of skill in the art affect the enablement requirement?

Accepted Answer

How does the level of skill in the art affect the enablement requirement?

The level of skill in the art is a crucial factor in determining whether a patent specification meets the enablement requirement. According to MPEP 2164.03:

"The relative skill of those in the art refers to the skill level of those in the art in the technological field to which the claimed invention pertains."

This factor affects enablement in several ways:

A higher level of skill in the art generally requires less detailed disclosure in the specification.
Conversely, if the level of skill is lower, more detailed guidance may be necessary.
The specification is assessed from the perspective of a person having ordinary skill in the art (PHOSITA).
Examiners consider what would be within the capability of the PHOSITA when determining if the disclosure is enabling.

Patent applicants should consider the expected skill level in their field when drafting specifications to ensure they provide appropriate guidance for enablement.

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Question 9

How does the level of ordinary skill in the art affect obviousness determinations?

Accepted Answer

How does the level of ordinary skill in the art affect obviousness determinations?

The level of ordinary skill in the art is a critical factor in obviousness determinations under 35 U.S.C. 103. According to MPEP 2141:

"The person of ordinary skill in the art is a hypothetical person who is presumed to have known the relevant art at the time of the invention."

Key considerations regarding the level of ordinary skill include:

It affects how the prior art is interpreted and whether a combination of references would have been obvious
The hypothetical person is not an automaton, but possesses ordinary creativity
Factors that may be considered in determining the level of ordinary skill include:

Type of problems encountered in the art
Prior art solutions to those problems
Rapidity with which innovations are made
Sophistication of the technology
Educational level of active workers in the field

Examiners must consider the level of ordinary skill when assessing whether a claimed invention would have been obvious to a person having ordinary skill in the art at the time the invention was made. This assessment helps ensure that the obviousness determination is based on a realistic understanding of the knowledge and capabilities in the relevant field.

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Question 10

What is the purpose of 'See or Search' notes in USPC definitions?

Accepted Answer

The 'See or Search' notes in USPC definitions serve several important purposes:

They explain the relationship between different subject matter collections.
They highlight differences between related classifications.
They assist users in deciding whether to include or exclude certain areas in their search.

As stated in MPEP 902.02(a): "'See or Search' notes are helpful in explaining the limits of a class or subclass. They generally state the relationship to, and difference from, other identified subject matter collections. Each 'See or Search' note helps a user reach a decision either to include or exclude an area containing relevant subject matter."

These notes are invaluable tools for patent examiners and attorneys in conducting comprehensive prior art searches.

To learn more:

USPC
See or Search Notes
Patent Classification
Prior Art Search

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What is a classified search in patent examination?

What is the significance of the ‘Fields Searched’ section in an International Search Report?

How does an examiner determine the field of search for a patent application?

What is the purpose of an international search in patent applications?

What role do classification definitions play in a classified patent search?

What is the “special technical feature” in unity of invention?

What action should a patent examiner take if they question test results in a patent application?

How does the level of skill in the art affect the enablement requirement?

How does the level of ordinary skill in the art affect obviousness determinations?

What is the purpose of ‘See or Search’ notes in USPC definitions?