What is the definition of a contested case in patent law?
According to MPEP 2301.02, a contested case is defined as: “[A] Board proceeding other than an appeal under 35 U.S.C. 134 or a petition under § 41.3. An appeal in an inter partes reexamination is not a contested case.” In simpler terms, a contested case is a proceeding before the Patent Trial and Appeal Board…
Read MoreWhat is a threshold issue in a patent interference?
A threshold issue in a patent interference is a critical concept that can potentially end the proceeding early. The MPEP 2301.02 defines it as follows: “Threshold issue means an issue that, if resolved in favor of the movant, would deprive the opponent of standing in the interference. Threshold issues may include: (1) No interference-in-fact, and…
Read MoreWhat is the definition of a senior party in a patent interference?
In patent interference proceedings, the designation of a senior party is crucial. The MPEP 2301.02 defines a senior party as follows: “Senior party means the party entitled to the presumption under § 41.207(a)(1) that it is the prior inventor. Any other party is a junior party.” This definition implies that the senior party has a…
Read MoreHow is the Patent Trial and Appeal Board (PTAB) defined in the MPEP?
The Manual of Patent Examining Procedure (MPEP) provides a comprehensive definition of the Board, which refers to the Patent Trial and Appeal Board (PTAB). According to MPEP 2301.02: “Board means the Patent Trial and Appeal Board and includes: (1) For a final Board action: (i) In an appeal or contested case, a panel of the…
Read MoreHow is a patent interference defined and administered?
Patent interference is a specific type of contested case before the Patent Trial and Appeal Board. The MPEP 2301.02 provides the following definition and administration guidelines: “A patent interference is a contested case subject to the procedures set forth in subpart D of this part.” Furthermore, regarding the administration of patent interferences: “Patent interferences shall…
Read MoreWhat constitutes a final decision by the Patent Trial and Appeal Board?
The MPEP provides specific criteria for what constitutes a final decision by the Patent Trial and Appeal Board (PTAB). According to MPEP 2301.02, a decision is considered final for the purposes of judicial review under these conditions: “Final means, with regard to a Board action, final for the purposes of judicial review. A decision is…
Read MoreWhat is a count in a patent interference proceeding?
In patent interference proceedings, a count is a crucial concept. The MPEP 2301.02 defines a count as follows: “Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.” In simpler terms,…
Read MoreHow is constructive reduction to practice defined in patent interferences?
Constructive reduction to practice is a key concept in patent interference proceedings. The MPEP 2301.02 provides the following definition: “Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1), in a patent application of the subject matter of a count.” Furthermore, the MPEP introduces the concept of earliest constructive reduction to…
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