Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (1)
The United States Patent and Trademark Office (USPTO) generally discourages claims that refer to figures or tables. According to MPEP 2173.05(s):
“Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.’”
The USPTO’s stance is based on the principle that claims should be self-contained and clearly define the invention without relying on external references. This approach ensures clarity and avoids potential ambiguity in interpreting the scope of the claims.
To learn more:
MPEP 2173.05(S) – Reference To Figures Or Tables (1)
The United States Patent and Trademark Office (USPTO) generally discourages claims that refer to figures or tables. According to MPEP 2173.05(s):
“Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.’”
The USPTO’s stance is based on the principle that claims should be self-contained and clearly define the invention without relying on external references. This approach ensures clarity and avoids potential ambiguity in interpreting the scope of the claims.
To learn more:
MPEP 2500 – Maintenance Fees (1)
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
MPEP 2590 – Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent (1)
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
Patent Law (3)
The United States Patent and Trademark Office (USPTO) generally discourages claims that refer to figures or tables. According to MPEP 2173.05(s):
“Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.’”
The USPTO’s stance is based on the principle that claims should be self-contained and clearly define the invention without relying on external references. This approach ensures clarity and avoids potential ambiguity in interpreting the scope of the claims.
To learn more:
No, you cannot get your patent application drawings returned. The United States Patent and Trademark Office (USPTO) clearly states in the Manual of Patent Examining Procedure (MPEP) Section 608.02(y) that:
Drawings will not be returned to the applicant.
This policy ensures that the USPTO maintains a complete record of all submitted materials for each patent application. It’s important for applicants to keep copies of all documents, including drawings, submitted to the USPTO.
To learn more:
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more:
Patent Procedure (3)
The United States Patent and Trademark Office (USPTO) generally discourages claims that refer to figures or tables. According to MPEP 2173.05(s):
“Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.’”
The USPTO’s stance is based on the principle that claims should be self-contained and clearly define the invention without relying on external references. This approach ensures clarity and avoids potential ambiguity in interpreting the scope of the claims.
To learn more:
No, you cannot get your patent application drawings returned. The United States Patent and Trademark Office (USPTO) clearly states in the Manual of Patent Examining Procedure (MPEP) Section 608.02(y) that:
Drawings will not be returned to the applicant.
This policy ensures that the USPTO maintains a complete record of all submitted materials for each patent application. It’s important for applicants to keep copies of all documents, including drawings, submitted to the USPTO.
To learn more:
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590:
“A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the maintenance fee was not timely paid until payment of the maintenance fee.”
This means that the entire period of delay, from the missed payment deadline to the filing of the petition, must be unintentional. Intentional delays, even after discovering the missed payment, can disqualify a patent from reinstatement.
For delays exceeding two years, the USPTO requires additional explanation to establish that the entire delay was unintentional.
To learn more: