How 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 MoreWhat constitutes prior art for international patent searches?
According to MPEP 1843.01, prior art for international patent searches consists of: Everything made available to the public worldwide by written disclosure (including drawings and illustrations) Content capable of assisting in determining if the claimed invention is new or involves an inventive step Disclosures made available to the public prior to the international filing date…
Read MoreHow are non-written disclosures treated in international patent searches?
According to MPEP 1843.01, non-written disclosures are treated as follows in international patent searches: Non-written disclosures (e.g., oral disclosures, use, exhibitions) are not directly relevant prior art for international searches They become relevant only if substantiated by a written disclosure available to the public before the international filing date If a written disclosure referring to…
Read MoreWhat is the “minimum documentation” requirement for international patent searches?
The “minimum documentation” requirement for international patent searches is outlined in MPEP 1843.01, which refers to PCT Article 15(4) and PCT Rule 34: International Searching Authorities must consult the “minimum documentation” as defined in PCT Rule 34 The search should aim to discover as much relevant prior art as the facilities permit Examiners should consult…
Read MoreHow are internet disclosures treated as prior art in international patent searches?
According to MPEP 1843.01, internet disclosures are treated similarly to other written disclosures in international patent searches: Information disclosed on the internet is considered publicly available from the date of public posting Examiners should obtain and cite printouts of relevant internet disclosures The printout should include the URL and publication date of the disclosure Internet…
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