Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 101-General (1)
According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:
“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”
The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
Deleting a benefit claim from your patent application can have several important implications:
- Prior Art Considerations: The examiner will reassess whether any new prior art may now be available due to the change in effective filing date.
- Publication Date: As stated in the MPEP,
A deletion of a benefit claim will not delay the publication of the application unless the amendment or ADS is recognized by the Office within nine weeks prior to the projected publication date that was originally calculated based on the benefit claim.
- Intentional Waiver: The MPEP warns that
A cancellation of a benefit claim to a prior application may be considered as a showing that the applicant is intentionally waiving the benefit claim to the prior application in the instant application.
This could affect future attempts to reinstate the benefit claim. - Examination Status: If the deletion is submitted after final rejection or allowance, it will be treated under special rules (37 CFR 1.116 or 37 CFR 1.312, respectively).
It’s crucial to carefully consider these implications before deciding to delete a benefit claim. If you’re unsure about the consequences, it’s advisable to consult with a patent attorney or agent.
To learn more:
Patent Examining Procedure (1)
According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:
“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”
The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.
Patent Law (2)
When including non-patent literature in an Information Disclosure Statement (IDS), you must provide the following information:
- Publisher
- Author (if any)
- Title
- Relevant pages
- Date
- Place of publication
According to MPEP 609.04(a): Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication.
It’s important to note that for publications in a language other than English, you should also provide a concise explanation of the relevance in English, if not already available.
To learn more:
Deleting a benefit claim from your patent application can have several important implications:
- Prior Art Considerations: The examiner will reassess whether any new prior art may now be available due to the change in effective filing date.
- Publication Date: As stated in the MPEP,
A deletion of a benefit claim will not delay the publication of the application unless the amendment or ADS is recognized by the Office within nine weeks prior to the projected publication date that was originally calculated based on the benefit claim.
- Intentional Waiver: The MPEP warns that
A cancellation of a benefit claim to a prior application may be considered as a showing that the applicant is intentionally waiving the benefit claim to the prior application in the instant application.
This could affect future attempts to reinstate the benefit claim. - Examination Status: If the deletion is submitted after final rejection or allowance, it will be treated under special rules (37 CFR 1.116 or 37 CFR 1.312, respectively).
It’s crucial to carefully consider these implications before deciding to delete a benefit claim. If you’re unsure about the consequences, it’s advisable to consult with a patent attorney or agent.
To learn more:
Patent Procedure (2)
When including non-patent literature in an Information Disclosure Statement (IDS), you must provide the following information:
- Publisher
- Author (if any)
- Title
- Relevant pages
- Date
- Place of publication
According to MPEP 609.04(a): Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication.
It’s important to note that for publications in a language other than English, you should also provide a concise explanation of the relevance in English, if not already available.
To learn more:
Deleting a benefit claim from your patent application can have several important implications:
- Prior Art Considerations: The examiner will reassess whether any new prior art may now be available due to the change in effective filing date.
- Publication Date: As stated in the MPEP,
A deletion of a benefit claim will not delay the publication of the application unless the amendment or ADS is recognized by the Office within nine weeks prior to the projected publication date that was originally calculated based on the benefit claim.
- Intentional Waiver: The MPEP warns that
A cancellation of a benefit claim to a prior application may be considered as a showing that the applicant is intentionally waiving the benefit claim to the prior application in the instant application.
This could affect future attempts to reinstate the benefit claim. - Examination Status: If the deletion is submitted after final rejection or allowance, it will be treated under special rules (37 CFR 1.116 or 37 CFR 1.312, respectively).
It’s crucial to carefully consider these implications before deciding to delete a benefit claim. If you’re unsure about the consequences, it’s advisable to consult with a patent attorney or agent.
To learn more: