How does the USPTO handle protests filed against patent applications?
The USPTO has established procedures for reviewing protests to determine if they comply with 37 CFR 1.291 before being made of record in an application. Compliant protests are entered into the record and made available to the examiner for consideration as early as possible. According to the MPEP, “Evidence submitted in a protest will be…
Read MoreHow do examiners determine if a prior art product is “identical” to a product-by-process claim?
Examiners determine if a prior art product is “identical” to a product-by-process claim by focusing on the product’s structure and characteristics, not its method of production. According to MPEP 2113: “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product…
Read MoreWhat is the “burden-shifting” approach in examining product-by-process claims?
The “burden-shifting” approach in examining product-by-process claims involves two key steps: The examiner initially focuses on the product itself, regardless of how it was made. If the examiner finds a prior art product that appears to be identical or substantially identical, the burden shifts to the applicant. As stated in MPEP 2113: “Once the examiner…
Read MoreWhat is the significance of the Official Gazette announcement for reissue applications?
The announcement of reissue applications in the Official Gazette is a crucial step in the reissue process: All reissue applications, except for continued prosecution applications (CPAs) for design patents, must be announced in the Official Gazette. The examiner must verify if the filing has been announced before proceeding with examination. If the announcement hasn’t been…
Read MoreHow are nonprovisional design and plant applications assigned for examination?
Nonprovisional design and plant applications are assigned for examination based on several general guidelines: Assignments follow the rules governing patent classification as much as possible. Applications are typically assigned based on where they would have an original classification if the claims were in a patent. The criteria for determining original classification are outlined in MPEP…
Read MoreHow are claims interpreted when assigning applications for examination?
When assigning applications for examination, claims are generally interpreted as they are written, but with an important caveat. The MPEP states: “The claims and statement of invention are generally taken as they read; however, claims must be read in light of the disclosure (claimed disclosure).” This approach balances a literal reading of the claims with…
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