What is the significance of ‘different inventive entity’ in MPEP 715.01(a)?
The concept of ‘different inventive entity’ is crucial in MPEP 715.01(a). It refers to situations where a reference (such as a patent or published application) names inventors that are not identical to those in the application being examined. The MPEP states: ‘Where the reference is a U.S. patent or application publication of a pending or…
Read MoreHow does the USPTO handle prior art rejections when the reference names a different inventive entity with at least one common inventor?
When the USPTO handles prior art rejections where the reference names a different inventive entity with at least one common inventor, the following process is typically followed: The examiner will treat the reference as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g). The applicant can overcome this rejection by filing an affidavit or…
Read MoreWhat is the requirement for the same inventor or at least one common joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives. As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that…
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