What should examiners do when they identify patentable subject matter that hasn’t been claimed?
When examiners identify patentable subject matter that hasn’t been claimed, they should take a constructive approach. The MPEP advises: “If the examiner is satisfied after the search has been completed that patentable subject matter has been disclosed and the record indicates that the applicant intends to claim such subject matter, he or she may note…
Read MoreHow should examiners handle claims that are allowable except for formal issues?
When examining patent applications with claims that are intended to cover patentable subject matter but have formal defects, examiners should provide constructive feedback. The MPEP 707.07(j) states: When an application discloses patentable subject matter and it is apparent from the claims and applicant’s arguments that the claims are intended to be directed to such patentable…
Read More