What is the difference between admissions and mere arguments in patent examination?
In patent examination, there is a crucial distinction between admissions and mere arguments. MPEP 2129 provides guidance on this matter: “Mere arguments or statements that a reference is not prior art are not admissions that it is prior art.” This distinction is important because: Admissions are statements that acknowledge certain information as prior art and…
Read MoreHow are trade secret materials handled when submitted in amendments or arguments?
When trade secret, proprietary, or protective order materials are submitted as part of amendments, arguments for patentability, or affidavits, they are treated differently than those submitted under MPEP § 724.02. The MPEP states: If any trade secret, proprietary, and/or protective order materials are submitted in amendments, arguments in favor of patentability, or affidavits under 37…
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