Question 1

How did the AIA Technical Corrections Act change the calculation of the fourteen-month period for patent term adjustment?

Accepted Answer

The AIA Technical Corrections Act, enacted on January 14, 2013, changed the calculation of the fourteen-month period for patent term adjustment in national stage applications. The MPEP states:

"The AIA Technical Corrections Act, enacted on January 14, 2013, amended 35 U.S.C. 154(b)(1)(A)(i)(II) to change "the date on which an international application fulfilled the requirements of section 371" to "the date of commencement of the national stage under section 371 in an international application.""

This change means that for national stage applications, the fourteen-month period for patent term adjustment is now measured from the date of commencement of the national stage under 35 U.S.C. 371, rather than the date when all requirements under 35 U.S.C. 371 were fulfilled. This modification can affect the calculation of patent term adjustments for certain applications.

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Question 2

What is the process for taking into account results of earlier searches in PCT applications?

Accepted Answer

The process for taking into account results of earlier searches in PCT applications involves the following steps:

The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12.
The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results.
The ISA will review the earlier search results to the extent possible.

As stated in MPEP 1852: "It is emphasized that when taking into account the results of an earlier search, the examiner is not bound by the results of the earlier search." The process typically involves a cursory review of the provided results, followed by a more comprehensive inspection of the cited references if warranted.

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Question 3

What are the guidelines for documenting Internet searches in patent examination?

Accepted Answer

What are the guidelines for documenting Internet searches in patent examination?

When conducting Internet searches during patent examination, examiners must follow specific documentation guidelines. The MPEP 904.02(c) states:

"The bibliographic information (author, title, date of publication, publisher, Internet address, etc.) for an Internet source should be provided in the same manner that bibliographic information is provided for publications in other media."

Additionally:

The examiner should document the search strategy used in conducting the search.
The date the search was conducted should be recorded.
If the URL is not stable, the examiner should print out the Internet source to include it in the search history.

Proper documentation ensures transparency and allows for the reproduction of search results if needed.

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Question 4

How does an examiner determine the field of search in patent examination?

Accepted Answer

An examiner determines the field of search in patent examination by considering several factors:

The claimed invention's subject matter
Disclosed features that might be claimed
Related fields of technology
Prior art references cited in the application

MPEP 904.02 states: "The examiner's field of search should be broad enough to cover all subject matter which the claimed invention would have been searched in the art." This means examiners must consider not only the specific technology area but also analogous arts where similar solutions might be found.

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Question 5

How are citations listed in an International Search Report?

Accepted Answer

Citations in an International Search Report (ISR) are listed according to specific guidelines. As stated in MPEP 1844:

"The citation of documents should be in accordance with the Instructions to the International Search Report."

The citations are typically categorized as follows:

Category X: Documents of particular relevance alone
Category Y: Documents of particular relevance in combination with others
Category A: Documents defining the general state of the art
Category O: Non-written disclosures
Category P: Intermediate documents
Category E: Earlier patent documents
Category T: Theory or principle underlying the invention
Category L: Documents cited for other reasons

Each citation includes bibliographic details and may be accompanied by an indication of relevant passages or figures.

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Question 6

What are the main elements of an International Search Report?

Accepted Answer

The main elements of an International Search Report (ISR) include:

Identification of the International Searching Authority (ISA) that established the report
Application number
Name of the applicant
International filing date
Classification of the subject matter
Fields searched
Citations and explanations
Certain observations on unity of invention
Name and mailing address of the ISA
Date of completion and mailing of the report

As stated in MPEP 1844: "The search report is established in Form PCT/ISA/210."

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Question 7

What is the "decision tree" process mentioned in MPEP 904.02(b)?

Accepted Answer

The MPEP 904.02(b) mentions a "decision tree" process as a general methodology for making broad decisions in search tool selection. Specifically, it states: a general methodology following a "decision tree" process, set forth below, for making broad decisions in search tool selection is suggested.

While the MPEP doesn't provide the detailed decision tree in this section, it implies that:

The process involves a series of yes/no questions or choices.
Each decision point leads to different branches of search tool options.
The process helps examiners systematically narrow down the most appropriate search tools for a given patent application.
This approach provides a structured way to consider various factors in selecting search tools.

Patent examiners should refer to their specific Technology Center guidelines and training materials for the detailed implementation of this decision tree process.

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Question 8

What happens if potential interfering subject matter is found during an interference search?

Accepted Answer

If potential interfering subject matter is identified during an interference search, the examiner will take specific steps as outlined in MPEP 1302.08: "If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300." This process ensures that any potential conflicts between applications are thoroughly investigated and addressed before a patent is issued.

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Question 9

When can an applicant request a Supplementary International Search?

Accepted Answer

An applicant can request a Supplementary International Search (SIS) at any time before the expiration of 22 months from the priority date of the international application. This is specified in PCT Rule 45bis.1(a), which states:

The applicant may, at any time prior to the expiration of 22 months from the priority date, request that a supplementary international search be carried out in respect of the international application by an International Searching Authority that is competent to do so under Rule 45bis.9.

It's important to note that if the request is received after this time limit, it will be considered not to have been submitted, and there are no provisions to extend this time limit.

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Question 10

What happens if an amendment is inadvertently entered by technical support staff?

Accepted Answer

If technical support staff inadvertently enters an amendment that should not have been entered, it has no legal effect. The MPEP 714.21 states:

If the technical support staff inadvertently enters an amendment when it should not have been entered, such entry is of no legal effect, and the same action is taken as if the changes had not been actually made, inasmuch as they have not been legally made.

In essence, the situation is treated as if the changes were never made, preserving the original state of the application.

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How did the AIA Technical Corrections Act change the calculation of the fourteen-month period for patent term adjustment?

What is the process for taking into account results of earlier searches in PCT applications?

What are the guidelines for documenting Internet searches in patent examination?

How does an examiner determine the field of search in patent examination?

How are citations listed in an International Search Report?

What are the main elements of an International Search Report?

What is the “decision tree” process mentioned in MPEP 904.02(b)?

What happens if potential interfering subject matter is found during an interference search?

When can an applicant request a Supplementary International Search?

What happens if an amendment is inadvertently entered by technical support staff?