How does AIA treat secret prior art in granted patents?
How does AIA treat secret prior art in granted patents? The America Invents Act (AIA) has changed the treatment of secret prior art in granted patents. According to MPEP 2152.02(a): “This results in the patented file contents and prosecution history also being available as prior art as of the date of patent grant.” This means…
Read MoreWhen is it necessary to inspect previously abandoned application papers or granted patents during patent examination?
During patent examination, it becomes necessary to inspect previously abandoned application papers or granted patents in certain situations: When examining a reissue application During a reexamination proceeding In other cases where historical information or prior art is relevant to the current examination The MPEP clearly states: In the examination of an application, it is sometimes…
Read MoreWhen is it necessary to inspect previously abandoned application files or granted patents?
Inspection of previously abandoned application files or granted patents becomes necessary in certain situations during patent examination: When examining a reissue application During a reexamination proceeding When evaluating potential prior art To understand the prosecution history of related applications MPEP 901.01(a) states: “In the examination of an application, it is sometimes necessary to inspect the…
Read MoreHow can patent examiners access previously abandoned application files or granted patents?
Patent examiners can access previously abandoned application files or granted patents through different methods depending on the file format: For Image File Wrapper (IFW) files, examiners can view the application papers from their desktop via the Patent Examiner’s Toolkit. For non-IFW files, examiners use the File Ordering System (FOS) to request paper files stored at…
Read MoreWhat is the significance of the “A” and “B” series in patent kind codes?
The “A” and “B” series in patent kind codes generally indicate different stages of the patent process. According to MPEP 901.04(a): “A” series: Typically refers to patent application publications or first-level publications. “B” series: Usually indicates granted patents or second-level publications. For example, in the U.S. system: A1 denotes a Patent Application Publication B1 signifies…
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