What types of documents can be used for a pre-AIA 35 U.S.C. 102(d) rejection?
For a pre-AIA 35 U.S.C. 102(d) rejection, only specific types of documents can be used. The MPEP clearly states: “The document must be a patent or inventor’s certificate and not merely a published or laid open application.“ This means that only granted patents or inventor’s certificates can serve as the basis for a pre-AIA 35…
Read MoreHow does the accessibility of foreign patents affect their use as prior art?
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states: “We recognize that Geschmacksmuster on display for public view…
Read MoreHow are foreign patent documents classified in the USPTO’s patent database?
Foreign patent documents in the USPTO’s patent database are classified according to the U.S. Patent Classification System. The MPEP states: “Foreign patent documents that have not been abstracted into the U.S. Patent Classification System are available for searching on an as-disclosed basis.“ This means that while some foreign patents are fully integrated into the U.S.…
Read MoreHow do USPTO examiners cite foreign patent documents?
USPTO examiners cite foreign patent documents according to specific guidelines outlined in the MPEP. The citation should include: The country or patent office that issued the document The identifying number of the document The date of publication of the document For example: “German Patent No. DD 867,898, Jul. 5, 1952, Name of Patentee, Title of…
Read MoreHow can examiners access foreign patent documents at the USPTO?
Examiners at the USPTO have several methods to access foreign patent documents: Scientific and Technical Information Center (STIC): As mentioned in MPEP 901.05, “The Scientific and Technical Information Center (STIC) maintains a collection of foreign patents and foreign language technical literature.” USPTO’s Search Tools: Examiners can use various search tools provided by the USPTO to…
Read MoreHow do kind codes differ between U.S. and foreign patent documents?
Kind codes for U.S. and foreign patent documents differ in their specific designations and meanings. The MPEP 901.04(a) states: “It is noted that many foreign patent documents, as well as U.S. patent documents, are not sent to a printer for printing of the second level kind codes. The kind codes printed on these documents are…
Read MoreHow can patent examiners update the classification of foreign patents?
Patent examiners can update the classification of foreign patents by following these steps, as outlined in MPEP 903.03: If the examiner desires to update the USPC classification of a foreign patent by changing, canceling, or adding copies, they should forward the patent (or bibliographic information) to their supervisory patent classifier with a request for the…
Read MoreWhat types of references should examiners consider during a patent search?
Patent examiners should consider a wide range of references during their search to ensure a comprehensive examination. The MPEP 904.03 states: In all references considered, including NPL, foreign patents, and domestic patents, the examiner should study the specification or description sufficiently to determine the full value of the reference disclosure relative to the claimed or…
Read MoreWhat types of translations are available to patent examiners?
Patent examiners have access to various types of translations: Oral translations: For quick assistance with foreign patents or literature. Human (written) translations: For pertinent portions of references being considered for citation. Machine translations: Automated translations available through STIC’s tools. Partial human translations: Available through walk-in services at the Translations Service Center. The MPEP states: “Examiners…
Read MoreWhat translation services does the STIC provide for patent examiners?
The Scientific and Technical Information Center (STIC) offers valuable translation services to support patent examiners in their work. According to MPEP 901.06(a): “Translations of foreign patents and non-patent literature can be obtained through the Scientific and Technical Information Center (STIC).” This service is crucial because it: Allows examiners to access and understand foreign language documents…
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