How does the USPTO conclude a supplemental examination proceeding?
A supplemental examination proceeding concludes with the issuance of a specific document. According to MPEP 2815: “A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination.” This certificate serves as the official record of the examiner’s determination regarding whether a substantial new question of patentability…
Read MoreHow does an examiner determine if suggesting an interference is appropriate?
An examiner determines if suggesting an interference is appropriate by carefully evaluating the claims and prior art. The MPEP 2304 provides guidance: “The examiner must decide whether a potential interference exists before suggesting an interference.” To make this decision, the examiner should: Analyze the claims: Compare the claims of the application under examination with those…
Read MoreWhat is the process for comments and replies after an examiner’s determination under 37 CFR 41.77(d)?
The process for comments and replies after an examiner’s determination under 37 CFR 41.77(d) is outlined in MPEP 2682: The examiner’s determination sets two one-month time periods: One month from the mailing date of the determination for the patent owner and third party requester(s) to file comments on the examiner’s determination One month from the…
Read MoreHow does the examiner determine if species are patentably distinct?
Examiners determine if species are patentably distinct by evaluating their unique characteristics and search burden. The MPEP 809.02(a) states: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.” Examiners assess whether: The species have mutually exclusive characteristics The species are…
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