Q: Can some claims in a patent remain valid if inequitable conduct is found?

No, according to MPEP 2016 , if inequitable conduct is found, it affects all claims in the patent. The MPEP cites the case J. P. Stevens & Co. v. Lex Tex Ltd., which states: "Once a court concludes that inequitable conduct occurred, all the claims — not just the particular claims in which the inequitable conduct is directly connected — are unenforceable." This principle is often referred to as an "all or nothing proposition," meaning that partial unenforceability is not an option when inequitable conduct is found. To learn more: inequitable conduct patent claims unenforceability all-or-nothing

Question 1

What is the "inventive information" in CPC classification?

Accepted Answer

The "inventive information" in CPC classification refers to novel and non-obvious technical features of an invention. According to MPEP 905.03(b), "Inventive information is defined as technical information in the disclosure of a patent document which represents a contribution to the state of the art." This information is crucial for determining the appropriate classification of a patent document.

The MPEP further explains that inventive information typically includes:

Technical features that define a contribution the invention makes over the prior art
Novel and non-obvious aspects of the invention
Information that could be useful for search purposes

Examiners and classifiers use this inventive information to assign the most relevant CPC symbols to patent documents, ensuring accurate classification and efficient prior art searches.

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Question 2

How does the USPTO evaluate "improvements to the functioning of a computer" in Step 2B?

Accepted Answer

The USPTO evaluates "improvements to the functioning of a computer" in Step 2B by looking for specific, technical improvements that go beyond mere abstract ideas. According to MPEP 2106.05(a):

"An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a), may integrate a judicial exception into a practical application or provide significantly more."

To be considered an improvement, the claimed invention should:

Provide a technical explanation of the improvement in the specification
Reflect the improvement in the claims
Offer a solution to a problem in the relevant field
Be more than a mere assertion of an improvement without substantive details

Examiners will consider whether the claimed invention improves the computer's functionality or efficiency, or otherwise changes the way the computer operates.

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Question 3

When can an examiner perform additional prior art searches for reexamination?

Accepted Answer

An examiner can perform additional prior art searches for reexamination under specific circumstances. MPEP 2644 provides guidance on this:

"If the examiner believes that additional prior art patents and publications can be readily obtained by searching to supply any deficiencies in the prior art cited in the request, the examiner can perform such an additional search. Such a search should be limited to that area most likely to contain the deficiency of the prior art previously considered and should be made only where there is a reasonable likelihood that prior art can be found to supply any deficiency necessary to 'a substantial new question of patentability' or 'a reasonable likelihood that the requester will prevail.'"

In essence, examiners can conduct targeted searches when they believe it's necessary to supplement the existing prior art and there's a reasonable chance of finding relevant art to support the determination.

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Question 4

Where can I find additional information about the ILPO as an International Searching Authority?

Accepted Answer

For additional information about the Israel Patent Office (ILPO) as an International Searching Authority (ISA), including subject matter limitations, additional search fees, and cited documents, you should refer to Annex D of the PCT Applicant's Guide. According to MPEP 1840.05:

"For additional information, e.g., subject matter limitations, additional search fees, cited documents, etc., please refer to Annex D of the PCT Applicant's Guide found on WIPO's website (www.wipo.int/pct/en/guide/index.html)."

You can access this information directly on the WIPO's PCT Applicant's Guide website.

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Question 5

What are the requirements for claiming priority in a design patent application?

Accepted Answer

Claiming priority in a design patent application involves meeting specific requirements. MPEP 1504.10 outlines these requirements:

"In addition to the filing of the claim for priority, 35 U.S.C. 119(b) requires a certified copy of the foreign application. The priority claim and certified copy must be filed in the United States Patent and Trademark Office before the patent is granted."

Key requirements include:

Filing a claim for priority within the prescribed time limit (usually 6 months from the foreign filing date).
Submitting a certified copy of the foreign application before the patent is granted.
Ensuring the US application is for the same design disclosed in the foreign application.
Meeting any additional requirements specified in 37 CFR 1.55 for foreign priority claims.

Failing to meet these requirements may result in the loss of the priority claim, potentially affecting the patentability of the design.

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Question 6

What are the requirements for accessing USPTO public information facilities?

Accepted Answer

To access USPTO public information facilities:

A valid Public User or Visitor's badge is required
Badges can be obtained from the Office of Security next to the Public Search Facility
An On-line Service Card is required for access to all Public Search Facilities and on-line systems

MPEP 510 states: "A valid Public User or Visitor's badge is required to enter USPTO facilities. This badge can be obtained from the Office of Security next door to the Public Search Facility located on the first floor of the Madison East Building, 600 Dulany Street, Alexandria, VA 22314."

Question 7

Can some claims in a patent remain valid if inequitable conduct is found?

Accepted Answer

No, according to MPEP 2016, if inequitable conduct is found, it affects all claims in the patent. The MPEP cites the case J. P. Stevens & Co. v. Lex Tex Ltd., which states:

"Once a court concludes that inequitable conduct occurred, all the claims — not just the particular claims in which the inequitable conduct is directly connected — are unenforceable."

This principle is often referred to as an "all or nothing proposition," meaning that partial unenforceability is not an option when inequitable conduct is found.

To learn more:

Question 8

How long is a provisional patent application valid?

Accepted Answer

A provisional patent application has a limited lifespan. According to MPEP 201.04:

"A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter. See 35 U.S.C. 111(b)(5)."

However, there is a provision for extending this period in certain circumstances:

"The period of pendency of a provisional application is extended to the next succeeding business day if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or federal holiday within the District of Columbia. See 35 U.S.C. 119(e)(3) and 37 CFR 1.7(b)."

It's crucial to file a nonprovisional application claiming the benefit of the provisional application within this 12-month period to maintain the priority date.

For more information on patent validity, visit: patent validity.

For more information on provisional patent, visit: provisional patent.

For more information on USPTO, visit: USPTO.

Question 9

What is the checker software for "Sequence Listings" and where can I find it?

Accepted Answer

The USPTO provides checker software to help ensure that "Sequence Listings" comply with the requirements of 37 CFR 1.824. Here are the key points about the checker software:

It is available on the USPTO website.
The software can be used to check a "Sequence Listing" for compliance with 37 CFR 1.824 requirements.
User Notes on the Checker website provide an explanation of the scope of errors and content that can be verified by the software.

The MPEP states: "Checker software that may be used to check a 'Sequence Listing' for compliance with the requirements of 37 CFR 1.824 is available on the USPTO website at www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/utility-patent/checker-version-446. The User Notes on the Checker website should be consulted for an explanation of the scope of errors and content that is able to be verified by the Checker software."

It's important to note that while the checker software is a helpful tool, it may not catch all potential issues. Applicants should still carefully review their "Sequence Listings" to ensure full compliance with USPTO requirements.

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Question 10

What is an interim copy of a foreign priority document and when is it acceptable?

Accepted Answer

An interim copy of a foreign priority document is a copy that is submitted before the certified copy is available. The MPEP 213.02 provides guidance on when an interim copy is acceptable:

The Office may require that an 'interim copy' of the foreign application be furnished in the event that the certified copy of the foreign application is not filed within the time period set forth in 37 CFR 1.55(f) and an exception in 37 CFR 1.55(h), (i), or (j) is not applicable.

An interim copy must:

Be filed within the later of 4 months from the filing date of the application or 16 months from the filing date of the prior foreign application
Be a copy of the original foreign application
Be accompanied by a statement that the copy is a true copy

Note: An interim copy does not substitute the requirement for a certified copy, which must still be filed during the pendency of the application.

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What is the “inventive information” in CPC classification?

How does the USPTO evaluate “improvements to the functioning of a computer” in Step 2B?

When can an examiner perform additional prior art searches for reexamination?

Where can I find additional information about the ILPO as an International Searching Authority?

What are the requirements for claiming priority in a design patent application?

What are the requirements for accessing USPTO public information facilities?

Can some claims in a patent remain valid if inequitable conduct is found?

How long is a provisional patent application valid?

What is the checker software for “Sequence Listings” and where can I find it?

What is an interim copy of a foreign priority document and when is it acceptable?