How does the U.S. Design Classification system compare to the Locarno Classification system?
The relationship between the U.S. Design Classification system and the Locarno Classification system is complex. The MPEP states: In many areas of design subject matter, the U.S. Design Classification and Locarno Classification systems are parallel. In others, the two systems are conceptually different. Key differences include: The Locarno system is generally based on the nature…
Read MoreWhat is the significance of comparing claimed invention with closest prior art in patent applications?
Comparing the claimed invention with the closest prior art is crucial in patent applications for demonstrating unexpected results. The MPEP 716.02(e) states: ‘An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness.’ This comparison helps…
Read MoreHow can I discuss prior art in my patent application without being derogatory?
When discussing prior art in your patent application, you should focus on objectively describing the state of the art and how your invention improves upon it. The MPEP 608.01(r) provides guidance: “The applicant may refer to the general state of the art and the advance thereover made by his or her invention” Additionally, the MPEP…
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