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)
35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:
“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”
Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more:
Patent Law (3)
The statutory requirement for claims in a patent application is outlined in 35 U.S.C. 112. According to MPEP 608.01(k), this statute “requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his orher invention.”
This means that the claims must clearly and precisely define the invention for which protection is sought. The claims are a crucial part of the patent application as they determine the scope of legal protection granted by the patent.
To learn more:
To learn more:
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more:
35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:
“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”
Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.
Patent Procedure (2)
The statutory requirement for claims in a patent application is outlined in 35 U.S.C. 112. According to MPEP 608.01(k), this statute “requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his orher invention.”
This means that the claims must clearly and precisely define the invention for which protection is sought. The claims are a crucial part of the patent application as they determine the scope of legal protection granted by the patent.
To learn more:
To learn more:
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more: