What is the legal basis for rejecting omnibus claims?

The legal basis for rejecting omnibus claims is primarily 35 U.S.C. 112(b), which requires patent claims to particularly point out and distinctly claim the subject matter of the invention. According to MPEP 2173.05(r): “This claim should be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it is indefinite in that…

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What is the legal basis for prohibiting third-party submissions on patent term adjustment?

The legal basis for prohibiting third-party submissions on patent term adjustment is rooted in both statutory law and USPTO regulations. MPEP 2736 cites the following: “For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that no submission or petition on behalf of a…

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What is the legal basis for ex parte reexamination requests?

The legal basis for ex parte reexamination requests is established in United States patent law. The MPEP section refers to this statute: “…request for ex parte reexamination filed under 35 U.S.C. 302…” 35 U.S.C. 302 is the specific statute that provides the legal foundation for ex parte reexamination requests. This law outlines the requirements and…

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What is the legal basis for requiring sequence listings in PCT applications?

The requirement for sequence listings in PCT applications is based on specific rules and administrative instructions. According to MPEP 1877, the legal basis is found in PCT Rule 13ter.2: “PCT Rule 13ter.2” This rule provides the International Preliminary Examining Authority (IPEA) with the authority to request sequence listings. The MPEP further elaborates that these requirements…

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