What are the types of intervening rights for reinstated patents?
There are two types of intervening rights for reinstated patents: Absolute intervening rights: These allow continued use of specific things made, purchased, or used before the reinstatement. Equitable intervening rights: These may be granted by the court to allow continued manufacture, use, or sale of additional products. As stated in MPEP 2591: “The court must…
Read MoreWhat types of information can be submitted for supplemental examination?
In supplemental examination, patent owners can submit a wide range of information for consideration. The MPEP states: “The ‘information’ may include any information that the patent owner believes to be relevant to the patent. For example, the information may include not only a patent or a journal article, but also a sales invoice, or a…
Read MoreWhat types of foreign information should be disclosed to the USPTO?
According to MPEP 2001.06(a), the types of information from foreign applications that should be disclosed to the USPTO include: Material prior art cited in related foreign applications Other information brought to the attention of the applicant in any related foreign application The MPEP specifically states: “The inference that such prior art or other information is…
Read MoreWhat types of copending applications require disclosure under MPEP 2001.06(b)?
What types of copending applications require disclosure under MPEP 2001.06(b)? MPEP 2001.06(b) requires disclosure of information from various types of copending United States patent applications. These include: Applications with a common inventor Applications owned by the same assignee Applications with overlapping subject matter Continuation applications Continuation-in-part applications Divisional applications Related applications in the same patent…
Read MoreWhat types of biological materials can be deposited for patent applications?
Various types of biological materials can be deposited for patent applications. According to MPEP 2403, these may include: “Biological material includes material that is capable of self-replication either directly or indirectly. Representative examples include bacteria, fungi including yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds.” This list…
Read MoreWhat is the significance of the two-month time period in patent disclosures?
What is the significance of the two-month time period in patent disclosures? The two-month time period is significant in patent disclosures for the following reasons: Timely disclosure: It encourages prompt submission of information to the USPTO. Avoiding late fees: Submitting within two months can help avoid additional fees for late information disclosure statements. Demonstrating diligence:…
Read MoreHow does the ‘teaching, suggestion, or motivation’ (TSM) test apply in obviousness determinations?
How does the ‘teaching, suggestion, or motivation’ (TSM) test apply in obviousness determinations? The ‘teaching, suggestion, or motivation’ (TSM) test is an important concept in determining obviousness in patent examination. According to MPEP 2143, while the TSM test is not the sole test for obviousness, it remains a valid approach: “The Supreme Court in KSR…
Read MoreWhat triggers intervening rights in inter partes reexamination?
Intervening rights in inter partes reexamination are triggered when a patent’s claims are amended or new claims are added during the reexamination process. The MPEP 2693 states: “Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that…
Read MoreWhat triggers an order for inter partes reexamination?
An order for inter partes reexamination is triggered when the Director finds that a substantial new question of patentability (SNQ) affecting a claim of a patent is raised, or that there is a reasonable likelihood that the requester would prevail (RLP) with respect to at least one of the claims challenged in the request. As…
Read MoreHow do treatment or prophylaxis limitations relate to other meaningful limitations?
Treatment or prophylaxis limitations are a specific type of meaningful limitation that can render a claim patent-eligible. These limitations are particularly relevant in medical and biotechnology fields. MPEP 2106.05(e) notes: “With respect to treatment or prophylaxis limitations, such as the immunization step in Classen, examiners should note that the other meaningful limitations consideration overlaps with…
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