What types of items can be submitted for supplemental examination?
According to MPEP 2809, a wide range of items can be submitted for supplemental examination, including: Patents Published patent applications Non-patent literature Office actions or other documents from a foreign or domestic application Affidavits or declarations Sales receipts Copies of websites Office actions or official documents from the USPTO The MPEP states: “An “item of…
Read MoreWhat are the different types of intervening rights in patent reexamination?
What are the different types of intervening rights in patent reexamination? There are two types of intervening rights in patent reexamination: Absolute intervening rights: These allow continued use or sale of specific products made before the reissue Equitable intervening rights: These may be granted by the court for products made after the reissue As stated…
Read MoreWhat types of information can be included in a patent protest?
A patent protest can include a wide range of information. According to the MPEP, “Submissions under 37 CFR 1.291 are not limited to prior art documents such as patents and publications, but are intended to include any information, which in the protestor’s opinion, would make or have made the grant of the patent improper.” This…
Read MoreWhat types of information can be included in a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 can include various types of information that may make the grant of a patent improper. The MPEP states: “Any information which, in the protestor’s opinion, would make the grant of a patent improper can be relied on in a protest under 37 CFR 1.291.” While prior art documents like…
Read MoreWhat types of information can be considered in a supplemental examination?
Supplemental examination is not limited to patents and printed publications. The MPEP states: “The information presented in a request for supplemental examination is not limited to patents and printed publications, and may include, for example, issues of patentability under 35 U.S.C. 101 and 112.” This means that patent owners can request consideration of a wide…
Read MoreWhat types of evidence can an applicant submit to support enablement?
Applicants can submit various types of evidence to support enablement claims. According to MPEP 2164.05: Factual affidavits under 37 CFR 1.132 References showing what one skilled in the art knew at the time of filing Declarations or affidavits containing factual evidence In chemical and biotechnical applications, evidence submitted to the FDA for clinical trial approval…
Read MoreWhat are the different types of entity status for patent maintenance fees?
What are the different types of entity status for patent maintenance fees? There are three types of entity status for patent maintenance fees: Large entity: Standard fee rate Small entity: 50% discount on fees Micro entity: 75% discount on fees The USPTO states in MPEP 2550: “Three different types of entity status are defined in…
Read MoreWhat types of disclosures are considered under AIA 35 U.S.C. 102?
Under AIA 35 U.S.C. 102, various types of disclosures are considered. According to MPEP 2152.04, the term “disclosure” encompasses the following: Being patented Described in a printed publication In public use On sale Otherwise available to the public Being described in a U.S. patent, U.S. patent application publication, or WIPO published application The MPEP states:…
Read MoreWhat types of corrections can be made to the International Register?
The International Bureau can make corrections to the International Register under Hague Rule 22. These corrections can be made: Ex officio (on their own initiative) At the request of the holder As stated in MPEP 2930: “Where the International Bureau, acting ex officio or at the request of the holder, considers that there is an…
Read MoreWhat are the types of applicant delay that can reduce patent term adjustment?
There are several types of applicant delay that can reduce patent term adjustment, as outlined in MPEP 2732: Failure to file a reply within the specified time period Submission of a supplemental reply or other paper Submission of preliminary amendments or other preliminary papers less than one month before the mailing of an Office action…
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