Q: What are the two types of technical information classified in CPC?

According to MPEP 905.03(a) , patent documents contain two types of technical information to classify in the Cooperative Patent Classification (CPC) system: Invention information: This is mandatory to classify and represents an addition to the state of the art. Additional information: This is discretionary and complements the invention information without necessarily representing an addition to the state of the art. The MPEP states: "Invention information is technical information in the total disclosure of a patent document (for example, description, drawings, claims) that represents an addition to the state of the art." And for additional information: "Additional information is non-trivial technical information which does not in itself represent an addition to the state of the art but might constitute useful information for the searcher." Both types of information contribute to the overall classification picture of a patent document. To learn more: CPC invention information additional information patent classification

Question 1

What is the purpose of MPEP 704 - Search and Requirements for Information?

russ.krajec@blueironip.com · Accepted Answer

MPEP 704 - Search and Requirements for Information serves multiple purposes in the patent examination process:

It provides guidance on conducting thorough prior art searches
It outlines procedures for requesting additional information from applicants
It helps ensure that patent applications are examined efficiently and thoroughly

According to MPEP 704: "The examiner, in the exercise of authority under 37 CFR 1.105, may require the submission of information reasonably necessary to properly examine or treat a matter in an application." This section is crucial for examiners to gather all necessary information for a comprehensive examination.

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Question 2

What is the structure of the International Search Report form?

Accepted Answer

The International Search Report form (Form PCT/ISA/210) has a specific structure as described in MPEP 1844:

Two main sheets: "first sheet" and "second sheet" used for all searches
Five optional continuation sheets:
1. Continuation of first sheet (1)
2. Continuation of first sheet (2)
3. Continuation of first sheet (3)
4. Continuation of second sheet
5. Patent family annex (not currently used by the USPTO)
An "extra sheet" for additional space when needed

The MPEP states: "It is to be noted that only the 'second sheet', the 'continuation of second sheet' (if any), the 'continuation of first sheet (2)' (if any), and the 'extra sheet' (if any), as well as any separate sheet with information on members of patent families, will be the subject of international publication."

This structure ensures that all relevant information is organized and presented in a standardized format across different patent offices.

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Question 3

How does the International Preliminary Examining Authority (IPEA) handle top-up searches?

Accepted Answer

The International Preliminary Examining Authority (IPEA) conducts top-up searches as part of the international preliminary examination process. According to MPEP 1860:

"The examiner will conduct a top-up search in the course of drawing up the international preliminary examination report... The top-up search should cover all the relevant documents in the search collections of the IPEA, in particular, literature which became available after the international search was carried out."

The purpose of the top-up search is to identify any relevant prior art that may have been published or become available after the initial international search was conducted. This ensures that the examination is based on the most up-to-date information available.

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Question 4

What types of references should examiners consider during a patent search?

Accepted Answer

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 claimable subject matter.

This guidance emphasizes the importance of considering various types of prior art, including:

Non-patent literature (NPL)
Foreign patents
Domestic patents

Examiners should thoroughly review each reference to understand its full relevance to the claimed invention, ensuring a comprehensive and robust examination process.

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Question 5

What happens if a substantial new question of patentability (SNQ) is found during supplemental examination?

Accepted Answer

If a substantial new question of patentability (SNQ) is found during supplemental examination, the following occurs:

Reexamination will be ordered under 35 U.S.C. 257.
The Office may, at its discretion, reexamine claims other than those for which supplemental examination was originally requested.

As stated in MPEP 2816.01: "If the examiner determines that a SNQ affecting a patent claim has been raised by at least one of the items of information submitted as part of the request, reexamination will be ordered under 35 U.S.C. 257."

Furthermore, "Once reexamination under 35 U.S.C. 257 is ordered, the Office may, in its sole discretion, reexamine claims other than the claims for which supplemental examination has been requested." This discretion is granted by 35 U.S.C. 303(a).

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Question 6

What happens if a Substantial New Question of Patentability (SNQ) is raised?

Accepted Answer

If the supplemental examination certificate states that a Substantial New Question of Patentability (SNQ) is raised, an ex parte reexamination of the patent will be ordered. As stated in MPEP 2817:

"If the supplemental examination certificate states that a SNQ is raised by one or more of the items of information submitted as part of the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257."

This means that after the conclusion of the supplemental examination proceeding, a new ex parte reexamination proceeding will be initiated to further examine the patent based on the SNQ raised.

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Question 7

What are the two types of technical information classified in CPC?

Accepted Answer

According to MPEP 905.03(a), patent documents contain two types of technical information to classify in the Cooperative Patent Classification (CPC) system:

Invention information: This is mandatory to classify and represents an addition to the state of the art.
Additional information: This is discretionary and complements the invention information without necessarily representing an addition to the state of the art.

The MPEP states:

"Invention information is technical information in the total disclosure of a patent document (for example, description, drawings, claims) that represents an addition to the state of the art."

And for additional information:

"Additional information is non-trivial technical information which does not in itself represent an addition to the state of the art but might constitute useful information for the searcher."

Both types of information contribute to the overall classification picture of a patent document.

To learn more:

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What is the purpose of MPEP 704 – Search and Requirements for Information?

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What is the structure of the International Search Report form?

How does the International Preliminary Examining Authority (IPEA) handle top-up searches?

What types of references should examiners consider during a patent search?

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What happens if a substantial new question of patentability (SNQ) is found during supplemental examination?

What happens if a Substantial New Question of Patentability (SNQ) is raised?

What are the two types of technical information classified in CPC?

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