What is the scope of the USPTO’s determination in a supplemental examination?
The MPEP 2815 outlines the scope of the USPTO’s determination in a supplemental examination: “The determination will generally be limited to a review of the item(s) of information identified in the request as applied to the identified claim(s) of the patent. The determination will be based on the claims in effect at the time of…
Read MoreWhat is an election by original presentation in patent applications?
Election by original presentation occurs when, after receiving an action on the merits for one invention, an applicant subsequently presents additional inventions for examination. In such cases, the examiner may consider the initially examined invention as the one elected by original presentation. The MPEP § 818 explains: “If, after receiving an action on the merits…
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