Are protestors notified of Office actions or other documents related to their protest?
No, protestors are not notified of Office actions or other documents related to their protest. The MPEP 1901.07 clearly states: “The Office does not serve copies of Office actions or other documents mailed by the Office on protestors, and does not require applicants to serve copies of papers filed with the Office on protestors.” This…
Read MoreHow does derivation affect patent applications under pre-AIA 35 U.S.C. 102(f)?
Derivation under pre-AIA 35 U.S.C. 102(f) refers to situations where an inventor or at least one joint inventor derived an invention from another person. If derivation can be shown, it may result in a rejection of the patent application. The MPEP states: Where it can be shown that an inventor or at least one joint…
Read MoreWhat evidence is required to prove derivation under pre-AIA 35 U.S.C. 102(f)?
Proving derivation under pre-AIA 35 U.S.C. 102(f) requires specific evidence. The MPEP outlines the key requirements: Complete Conception: There must be evidence of complete conception by another person. The MPEP states: Derivation requires complete conception by another and communication of that conception by any means to the party charged with derivation prior to any date…
Read MoreHow is the PTAB decision communicated to the appellant?
The Patent Trial and Appeal Board (PTAB) decision is communicated to the appellant through a formal process: As stated in MPEP 1214: “After an appeal to the Board has been decided, a copy of the decision is provided to appellant and placed in IFW.“ This process involves: Providing a copy of the decision directly to…
Read MoreHow should patent examiners communicate rejections not based on prior art?
According to MPEP 706.03, patent examiners should communicate rejections not based on prior art in a clear and thorough manner. The MPEP states: “Deficiencies should be explained clearly, particularly when they serve as a basis for a rejection. Whenever practicable, USPTO personnel should indicate how rejections may be overcome and how problems may be resolved.”…
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