What are the time limits for filing a notice of appeal to the Federal Circuit?
The time limits for filing a notice of appeal to the Federal Circuit are specified in MPEP 1216.01: “For a notice of appeal to be considered timely filed in the U.S. Patent and Trademark Office, it must: (A) actually reach the U.S. Patent and Trademark Office within the time specified in 37 CFR 90.3 (including…
Read MoreWhat are ex parte questions in patent cases before the Federal Circuit?
Ex parte questions in patent cases before the Court of Appeals for the Federal Circuit refer to issues or matters that involve only one party, typically the patent applicant or patent owner. According to MPEP 1002.02(k)(3), the Solicitor decides on “Petitions relating to ex parte questions in cases before the Court of Appeals for the…
Read MoreWhat is the significance of the Beineke case in plant patent law?
The Beineke case (In re Beineke, 690 F.3d 1344, 103 USPQ2d 1872 (Fed. Cir. 2012)) is significant in plant patent law as it clarified the scope of patent-eligible plants under 35 U.S.C. 161. The MPEP summarizes the key points: “In Beineke, the Federal Circuit held that two century-old oak trees found on the lawn of…
Read MoreCan I appeal a PTAB decision directly to a district court?
No, you cannot appeal a Patent Trial and Appeal Board (PTAB) decision directly to a district court. The proper avenue for judicial review of PTAB decisions is through the U.S. Court of Appeals for the Federal Circuit. Here’s why: The Federal Circuit has exclusive jurisdiction over appeals from PTAB decisions. District courts do not have…
Read MoreHow does the USPTO handle allowed claims after a Federal Circuit decision?
The USPTO’s handling of allowed claims after a Federal Circuit decision depends on the specific outcome of the appeal. According to MPEP 1216.01: “Where the case includes one or more allowed claims, including claims allowed by the examiner prior to appeal and claims whose rejections were reversed by either the Board or the court, the…
Read MoreCan evidence of unexpected results be presented after filing a patent application?
Yes, evidence of unexpected results can be presented after filing a patent application. MPEP 716.02(f) clarifies that evidence and arguments directed to advantages not disclosed in the original specification should not be disregarded. The Federal Circuit in In re Chu explicitly stated: “We have found no cases supporting the position that a patent applicant’s evidence…
Read MoreHow does the ‘totality of the record’ principle apply to patent examinations?
The ‘totality of the record’ principle is a fundamental concept in patent examinations, particularly when assessing non-obviousness. MPEP 716.02(f) states: “The totality of the record must be considered when determining whether a claimed invention would have been obvious to one of ordinary skill in the art at the time the invention was made.” This principle…
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