How can an applicant show possession of the claimed invention?

According to MPEP 2163.02, an applicant can show possession of the claimed invention in several ways: Describing the claimed invention with all of its limitations using words, structures, figures, diagrams, and formulas Description of an actual reduction to practice Showing that the invention was “ready for patenting” through disclosure of drawings or structural chemical formulas…

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What are some ways to demonstrate “possession” of an invention?

MPEP 2163.02 outlines several ways to demonstrate “possession” of an invention: Description of an actual reduction to practice Showing that the invention was “ready for patenting” Disclosure of drawings or structural chemical formulas that show the invention was complete Describing distinguishing identifying characteristics sufficient to show possession The MPEP cites several cases, including Pfaff v.…

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Is an appeal to a U.S. District Court available in inter partes reexamination proceedings?

No, an appeal to a U.S. District Court is not available in inter partes reexamination proceedings. The MPEP 2683 clearly states: “The remedy by civil action under 35 U.S.C. 145 is not available to the patent owner and the third party requester in an inter partes reexamination proceeding. Patent owners and third party requesters dissatisfied…

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What is the significance of the In re Construction Equipment Company case for reexamination proceedings?

The case of In re Construction Equipment Company, 665 F.3d 1254, 100 USPQ2d 1922 (Fed. Cir. 2011) is significant for reexamination proceedings as it reinforces the principle that neither claim preclusion (res judicata) nor issue preclusion (collateral estoppel) typically bar reexamination. According to MPEP § 2659: “See also In re Construction Equipment Company, 665 F.3d…

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What is the role of the USPTO Solicitor in patent litigation?

The USPTO Solicitor plays a crucial role in patent litigation, particularly in cases involving the USPTO or appeals of USPTO decisions. Based on MPEP 1002.02(k)(3), the Solicitor’s responsibilities include: Deciding on petitions for extension of time in court matters related to 35 U.S.C. 142, 145, and 146 Handling petitions relating to ex parte questions in…

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Can I request a rehearing after a PTAB decision?

Yes, you can request a rehearing after a Patent Trial and Appeal Board (PTAB) decision. Here are key points to consider: A request for rehearing must be filed within 30 days of the original PTAB decision. Filing a rehearing request extends the time for seeking judicial review. The rehearing request should address specific points believed…

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