Question 1

How can I access patent assignment records online?

Accepted Answer

Patent assignment records can be accessed online through the USPTO's Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO's Assignment Recordation Branch. To access these records:

Visit the USPTO Assignment Search website
Enter the relevant patent or application number, assignee name, or other search criteria
Review the search results for assignment information

This online database provides public access to assignment records, allowing for easy verification of patent ownership.

Question 2

How does the "reasonable likelihood that the requester will prevail" standard differ from the SNQ standard?

Accepted Answer

The "reasonable likelihood that the requester will prevail" (RLP) standard was introduced for reexaminations filed between September 16, 2011, and September 16, 2012. This standard is considered more stringent than the "substantial new question of patentability" (SNQ) standard.

According to the MPEP, which cites House Rep. 112-98:

"The threshold for initiating an inter partes review is elevated from 'significant new question of patentability'--a standard that currently allows 95% of all requests to be granted--to a standard requiring petitioners to present information showing that their challenge has a reasonable likelihood of success."

This indicates that the RLP standard requires a higher level of proof than the SNQ standard, making it more challenging for requesters to initiate a reexamination.

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Question 3

How are affidavits used in computer programming patent cases?

Accepted Answer

Affidavits play a crucial role in computer programming patent cases, particularly when addressing enablement issues. The MPEP provides guidance on how these affidavits should be analyzed:

The skill level and qualifications of the affiant should be critically analyzed in relation to the person of ordinary skill in the art.
Affidavits must provide factual evidence to support conclusions or opinions.
Affidavits should be probative of the level of skill of the person of ordinary skill in the art at the time the application was filed.

The MPEP cautions:

"Factual evidence directed to the amount of time and effort and level of knowledge required for the practice of the invention from the disclosure, and knowledge in the art can be expected to rebut a prima facie case of nonenablement, but not opinion evidence directed to the ultimate legal question of enablement."

It's important to note that affidavits alone may not be sufficient to demonstrate enablement, especially if they lack specific facts or merely present conclusions on the ultimate legal question of sufficiency.

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Question 4

Can supplemental restriction requirements be issued for applications containing nucleotide sequences?

Accepted Answer

Generally, supplemental restriction requirements are not issued for applications that have already received an action on their merits, unless there are extenuating circumstances. MPEP 2434 states:

"Note, however, that supplemental restriction requirements will not be advanced in applications that have already received an action on their merits in the absence of extenuating circumstances."

This guideline applies to all applications, including those containing nucleotide sequences. It ensures that applicants are not subjected to additional restrictions after substantive examination has begun, promoting efficiency and fairness in the patent examination process. However, examiners may issue supplemental restrictions if unusual circumstances arise that justify such action.

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Question 5

Are Issue Batch Numbers still used for tracking patent applications?

Accepted Answer

No, Issue Batch Numbers are no longer used for tracking patent applications at the USPTO. According to MPEP 1303.01:

"Reference to an Issue Batch Number is no longer necessary because the Office no longer stores and tracks applications according to issue batches."

This change reflects a modernization of the USPTO's tracking and management systems for patent applications. Instead of using batch numbers, the USPTO now likely uses more advanced digital tracking methods to manage applications throughout the examination and issuance process.

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Question 6

What role does technology play in the routing and docketing of patent applications?

Accepted Answer

While MPEP 909 doesn't explicitly discuss technology, modern routing and docketing of patent applications heavily rely on advanced technological systems. These systems likely include:

Electronic Filing System (EFS-Web): Allows for digital submission of applications, facilitating initial routing.
Patent Application Location and Monitoring (PALM) system: Tracks the status and location of patent applications throughout the examination process.
Automated classification tools: Assist in routing applications to appropriate art units based on content analysis.
Case management software: Helps examiners manage their dockets and workload.

These technological tools aim to improve the efficiency and accuracy of the routing and docketing processes described in MPEP 909.

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Question 7

What is the process for making a patent application special under the Patent Prosecution Highway?

Accepted Answer

What is the process for making a patent application special under the Patent Prosecution Highway?

The Patent Prosecution Highway (PPH) is a program that allows for expedited processing of patent applications. According to MPEP 708.01:

A request for participation in a Patent Prosecution Highway program may be granted by the Patents Business Center.

To make an application special under the PPH:

The applicant must have a corresponding application with allowable claims in a PPH partner office.
The applicant must submit a request to the USPTO for participation in the PPH program.
The request must include necessary documents, such as copies of allowed claims and office actions from the partner office.
If approved, the U.S. application will be advanced out of turn for examination.

This process allows for faster examination based on work already done by another patent office, potentially speeding up the overall patent granting process.

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Question 8

Can a premature final rejection be used as grounds for appeal?

Accepted Answer

No, a premature final rejection cannot be used as grounds for appeal. MPEP 706.07(c) explicitly states that the issue of prematureness "may therefore not be advanced as a ground for appeal, or made the basis of complaint before the Patent Trial and Appeal Board." This is because the prematurity of a final rejection is considered a procedural matter rather than a substantive issue related to the patentability of the invention.

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Question 9

What is the standard order of examination for nonprovisional patent applications?

Accepted Answer

Nonprovisional patent applications are typically examined in the order they are filed, with some exceptions. As stated in the MPEP:

"Nonprovisional applications are ordinarily taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed except for those applications in which examination has been advanced pursuant to 37 CFR 1.102."

However, there are several factors that can affect the order of examination, including special status applications and the oldest effective U.S. filing date within an examiner's docket.

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Question 10

How should electronic documents be cited in patent examination?

russ.krajec@blueironip.com · Accepted Answer

When citing electronic documents in patent examination, the format should be as similar as possible to paper documents of the same type, with additional information provided. The MPEP follows the format recommended by World Intellectual Property Organization (WIPO) Standard ST.14. Key elements to include are:

Type of electronic medium in square brackets (e.g., [online], [CD-ROM])
Retrieval date in square brackets
Source of the document using "Retrieved from" and its address
Digital Object Identifier (DOI) number or other unique identification number, if known
Specific location within the document (e.g., paragraph numbers, line numbers)

The MPEP provides examples, such as:

"Example 5: WO 2004/091307 A2 (ADVANCED BIONUTRITON CORP) 2004-10-28, paragraphs [0068], [0069]; examples 2, 6."

For more detailed information and examples of electronic document citations, refer to MPEP § 707.05(e), section IV. ELECTRONIC DOCUMENTS.

To learn more:

WIPO Standard ST.14

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How can I access patent assignment records online?

How does the “reasonable likelihood that the requester will prevail” standard differ from the SNQ standard?

How are affidavits used in computer programming patent cases?

Can supplemental restriction requirements be issued for applications containing nucleotide sequences?

Are Issue Batch Numbers still used for tracking patent applications?

What role does technology play in the routing and docketing of patent applications?

What is the process for making a patent application special under the Patent Prosecution Highway?

Can a premature final rejection be used as grounds for appeal?

What is the standard order of examination for nonprovisional patent applications?

How should electronic documents be cited in patent examination?