Question 1

Where can I find current classification information for U.S. patents?

Accepted Answer

The MPEP 902.03 provides several resources for finding current classification information for U.S. patents:

Patent Classification Home Page: Available at www.uspto.gov/Classification. This site serves as a clearinghouse for classification information published in HTML and PDF formats.
Automated Search Tools: EAST (Examiner's Automated Search Tool), WEST (Web-Based Examiner Search Tool), and SEARCH (Patents End-to-End Search tool) provide current classification information for all U.S. published applications and patents.
USPTO Intranet: For patent examiners, classification information is available on the USPTO intranet at https://ptoweb.uspto.gov/patents/classification-resources/.

These resources offer comprehensive access to classification data, schedules, and definitions, allowing users to search and browse patent classifications effectively.

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Question 2

What file formats are accepted for electronic submission of assignment documents to the USPTO?

Accepted Answer

The USPTO accepts the following file formats for electronic submission of assignment documents:

PDF (Portable Document Format)
TIFF (Tagged Image File Format)

As stated in MPEP 302.10: "The USPTO will accept electronic submissions of assignment documents in TIFF or PDF format." It's important to note that these formats are chosen for their ability to preserve document integrity and ensure long-term accessibility.

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Question 3

How do I submit supporting documents for electronic assignment submissions?

Accepted Answer

How do I submit supporting documents for electronic assignment submissions?

When submitting assignment documents electronically, you can include supporting documents as follows:

Upload supporting documents as separate PDF files along with the main assignment document.
Ensure each supporting document is less than 25 MB in size.
Include a brief description for each supporting document during the submission process.

According to MPEP 302.10, 'Supporting documents can be submitted as PDF files via EFS-Web and EPAS.' This allows for a comprehensive submission of all relevant materials related to the assignment.

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Question 4

How does the concept of "clear improvement" relate to the Alice/Mayo test?

Accepted Answer

The concept of "clear improvement" in MPEP § 2106.06(b) relates to the Alice/Mayo test by potentially allowing claims to bypass parts of the test. The MPEP states:

"Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea."

This means that if a claim shows a clear improvement to technology or computer functionality, it might be found eligible without going through the entire Alice/Mayo test. The claim could be considered eligible at Pathway A (streamlined analysis) or at Step 2A of the Alice/Mayo test, depending on the examiner's assessment of the improvement.

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Question 5

How are search fields determined for patentability reports?

Accepted Answer

The determination of search fields for patentability reports is a crucial step in the examination process. According to MPEP 705, 'the primary examiner must indicate in the application file any field of search that should be covered by the report'. This process typically involves:

The primary examiner identifying relevant technical areas
Consideration of the invention's various aspects and potential applications
Input from auxiliary examiners with specialized knowledge

The goal is to ensure a comprehensive search that covers all aspects of the invention and potential prior art.

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Question 6

What are "open-ended" numerical ranges in patent claims?

Accepted Answer

What are "open-ended" numerical ranges in patent claims?

"Open-ended" numerical ranges in patent claims refer to ranges that have only one defined boundary. The Manual of Patent Examining Procedure (MPEP) 2173.05(c) states:

"Open-ended numerical ranges should be carefully analyzed for definiteness."

Examples of open-ended ranges include:

"greater than 5"
"at least 10"
"below 100"

These ranges are considered indefinite if they don't have a clear upper or lower limit, potentially making the scope of the claim unclear. Examiners must evaluate whether the specification provides sufficient guidance to determine the boundaries of such ranges.

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Question 7

What is a "substantial new question of patentability" in patent reexamination?

Accepted Answer

A "substantial new question of patentability" (SNQ) is the key criterion for deciding whether to order reexamination of a patent under 35 U.S.C. 302. According to the MPEP 2242, an SNQ exists when:

Prior art patents or printed publications raise a substantial question of patentability for at least one claim, and
The same question has not been decided in an earlier examination or review of the patent, or in a final court decision.

The MPEP states: A prior art patent or printed publication raises a substantial question of patentability where there is a substantial likelihood that a reasonable examiner would consider the prior art patent or printed publication important in deciding whether or not the claim is patentable.

It's important to note that an SNQ can be based solely on previously considered prior art if it's being presented in a new light or with a new interpretation.

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substantial new question of patentability
SNQ
patent reexamination
prior art
patent claims

Question 8

What is the test for determining if an inventor possessed a generic invention?

Accepted Answer

The test for determining if an inventor possessed a generic invention focuses on whether the completed species provide an adequate basis for inferring generic applicability. According to MPEP 715.03:

"The test is whether the species completed by the inventor prior to the reference date or the date of the activity provided an adequate basis for inferring that the invention has generic applicability."

Furthermore, "It is not necessary for the affidavit evidence to show that the inventor viewed the invention as encompassing more than the species actually made. The test is whether the facts set out in the affidavit are such as would persuade one skilled in the art that the inventor possessed so much of the invention as is shown in the reference."

This test emphasizes the perspective of a person skilled in the art and focuses on the information conveyed by the completed species rather than the inventor's subjective intent.

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Question 9

What is the "substantial new question of patentability" criterion in patent reexamination?

Accepted Answer

The "substantial new question of patentability" (SNQ) is a key criterion for deciding whether to grant a request for patent reexamination. According to the MPEP, A prior art patent or printed publication raises a substantial question of patentability where there is a substantial likelihood that a reasonable examiner would consider the prior art patent or printed publication important in deciding whether or not the claim is patentable.

The MPEP further clarifies that for an SNQ to be present:

The prior art must raise a substantial question of patentability for at least one claim
The same question of patentability must not have been previously decided by the Office or a federal court

It's important to note that an SNQ can exist even if a "prima facie" case of unpatentability is not established.

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Where can I find current classification information for U.S. patents?

Patent Attorneys’ Misguided Obsession About Costs

What file formats are accepted for electronic submission of assignment documents to the USPTO?

How do I submit supporting documents for electronic assignment submissions?

How does the concept of “clear improvement” relate to the Alice/Mayo test?

How are search fields determined for patentability reports?

What are “open-ended” numerical ranges in patent claims?

What is a “substantial new question of patentability” in patent reexamination?

What is the test for determining if an inventor possessed a generic invention?

What is the “substantial new question of patentability” criterion in patent reexamination?