Q: What tools are available for patent searching according to MPEP 904?

According to MPEP 904 , patent examiners have access to various tools for conducting thorough patent searches. The section states: "In addition to the specialized tools described below, much of the technology which examiners use in searching is available to the public through the USPTO Patent Public Search facility." Some of the tools mentioned include: Specialized classification and text search tools Foreign patent documents Non-patent literature databases Internet search engines These tools help examiners conduct comprehensive searches across multiple sources to identify relevant prior art. To learn more: patent search tools USPTO prior art search patent examination

Question 1

How does the Patent and Trademark Office Authorization Act of 2002 affect ex parte reexamination?

Accepted Answer

The Patent and Trademark Office Authorization Act of 2002 significantly impacted ex parte reexamination by allowing a substantial new question of patentability to be raised based on previously cited or considered art. The MPEP 2216 explains:

"After the enactment of the Patent and Trademark Office Authorization Act of 2002 ('the 2002 Act'), a substantial new question of patentability can be raised by patents and printed publications 'previously cited by or to the Office or considered by the Office' ('old art')."

However, the Act did not eliminate the requirement for a substantial new question of patentability. The MPEP clarifies that old art can raise a substantial new question only if it is "presented/viewed in a new light, or in a different way, as compared with its use in the earlier examination(s), in view of a material new argument or interpretation presented in the request."

This change allows for more flexibility in reexamination requests while still maintaining the integrity of the process by requiring new insights or interpretations of the prior art.

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Question 2

What is the practice for genus-species cases where predictability is in question?

Accepted Answer

In cases where predictability is in question, the practice for genus-species cases is more stringent. As stated in MPEP 715.03: "In cases where predictability is in question, on the other hand, a showing of prior completion of one or a few species within the disclosed genus is generally not sufficient to overcome the reference or activity." This means that inventors may need to provide more comprehensive evidence to establish possession of the generic invention.

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Question 3

How are interference searches conducted for applications with nucleotide or peptide sequences?

Accepted Answer

For patent applications containing claims directed to nucleotide or peptide sequences, the interference search process involves additional steps. According to MPEP 2304.01(a):

"If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence."

STIC refers to the Scientific and Technical Information Center, which has specialized resources for searching genetic sequences. This ensures a thorough search for potential interfering subject matter in the field of biotechnology.

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Question 4

How long does a foreign filing license remain valid?

Accepted Answer

How long does a foreign filing license remain valid?

The validity period of a foreign filing license depends on the type of license issued. According to MPEP 140:

"A foreign filing license is not required to file a patent application in another country if the invention was not made in the United States. A license is required if the invention was made in this country and:

An application on the invention has been filed in the United States less than six months prior to the date on which the application is to be filed abroad, or
No application on the invention has been filed in the United States."

In essence, a foreign filing license granted as part of the regular patent application process remains valid for six months from the filing date. After six months, no additional license is required. However, if you obtain a petition-based license (e.g., for inventions not yet filed in the U.S.), the license will specify its scope and duration in the grant letter.

For more information on foreign filing license, visit: foreign filing license.

Question 5

What types of resources does STIC provide for patent examiners?

Accepted Answer

STIC provides a wide range of resources for patent examiners, including:

Electronic and print books
Periodicals
Foreign patent documents
Reference works (encyclopedias, dictionaries, handbooks)
Online databases and subscription resources
Non-patent literature

According to MPEP 901.06(a):

"Technical literature, foreign patent documents, and reference and online search services available in STIC are all important resources for the patent examiner to utilize. These resources provide material which must be known or searched to determine whether claims of applications are directly anticipated and, therefore, unpatentable under the provisions of 35 U.S.C. 102."

These resources help examiners assess the novelty and non-obviousness of patent applications by providing access to the most current and comprehensive technical information.

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Question 6

What tools are available for patent searching according to MPEP 904?

Accepted Answer

According to MPEP 904, patent examiners have access to various tools for conducting thorough patent searches. The section states:

"In addition to the specialized tools described below, much of the technology which examiners use in searching is available to the public through the USPTO Patent Public Search facility."

Some of the tools mentioned include:

Specialized classification and text search tools
Foreign patent documents
Non-patent literature databases
Internet search engines

These tools help examiners conduct comprehensive searches across multiple sources to identify relevant prior art.

To learn more:

Question 7

What is required when submitting an English language translation of a foreign priority application?

Accepted Answer

When submitting an English language translation of a non-English language foreign priority application, the following requirements must be met:

The translation must be of the certified copy of the foreign application as filed
The translation must be submitted together with a statement that the translation of the certified copy is accurate

As stated in the MPEP: When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate.

For more information on certified copy, visit: certified copy.

For more information on foreign priority, visit: foreign priority.

Question 8

What is the "minimum documentation" requirement for international patent searches?

Accepted Answer

The "minimum documentation" requirement for international patent searches is outlined in MPEP 1843.01, which refers to PCT Article 15(4) and PCT Rule 34:

International Searching Authorities must consult the "minimum documentation" as defined in PCT Rule 34
The search should aim to discover as much relevant prior art as the facilities permit
Examiners should consult the most relevant search resources for the technology, including databases listed in the U.S. Search Guidance index

The MPEP states: "The International Searching Authority must endeavor to discover as much of the relevant prior art as its facilities permit (PCT Article 15(4)), and, in any case, must consult the so-called "minimum documentation" (PCT Rule 34)."

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Question 9

What is the sequence of examination in patent applications involving multiple Technology Centers?

Accepted Answer

The sequence of examination for patent applications involving multiple Technology Centers (TCs) is determined by the supervisory patent examiners. According to MPEP 705.01(b), if the supervisory patent examiners cannot agree on the order of examination, the following process is followed:

The supervisory patent examiner with jurisdiction over the application directs a complete search of the relevant art for their claims.
The results of this search are shared with the other TC involved.
If the supervisory patent examiners believe a different search sequence would be more efficient, they can modify the order accordingly.

As stated in the MPEP: "If the supervisory patent examiners are of the opinion that a different sequence of search is expedient, the order of search should be correspondingly modified."

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Question 10

What steps are involved in the patent examination process after the search is completed?

Accepted Answer

The patent examination process after the search involves several key steps, as outlined in MPEP 707.01:

The assistant examiner explains the invention to the primary examiner.
They discuss the most pertinent references found during the search.
The primary examiner indicates the action to be taken, which may include:
- Requiring restriction or election of species
- Considering claims on their merits
- Rejecting claims based on prior art or non-prior art grounds
- Authorizing allowance if all requirements are met

As stated in the MPEP, "The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits." This process ensures a thorough and systematic examination of each patent application.

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How does the Patent and Trademark Office Authorization Act of 2002 affect ex parte reexamination?

What is the practice for genus-species cases where predictability is in question?

How are interference searches conducted for applications with nucleotide or peptide sequences?

How long does a foreign filing license remain valid?

What types of resources does STIC provide for patent examiners?

What tools are available for patent searching according to MPEP 904?

What is required when submitting an English language translation of a foreign priority application?

What is the “minimum documentation” requirement for international patent searches?

What is the sequence of examination in patent applications involving multiple Technology Centers?

What steps are involved in the patent examination process after the search is completed?