What types of petitions can the Director of the Technology Center who Oversees Licensing and Review decide?
The Director of the Technology Center who Oversees Licensing and Review has the authority to decide several types of petitions, including: Petitions to extend time for taking action in U.S.-owned applications important to national defense Petitions to suspend action in U.S.-owned applications where publication might be detrimental to public safety or defense Petitions for foreign…
Read MoreHow does licensing evidence factor into commercial success arguments?
Licensing evidence can be used to support arguments of commercial success, but it must be carefully evaluated. The Manual of Patent Examining Procedure (MPEP) 716.03(b) provides guidance on this matter: “Evidence of licensing is a secondary consideration which must be carefully appraised as to its evidentiary value because licensing programs may succeed for reasons unrelated…
Read MoreHow does licensing activity support commercial success in patent applications?
How does licensing activity support commercial success in patent applications? Licensing activity can be a strong indicator of commercial success in patent applications. The MPEP 716.03(b) provides guidance on this: “Licensing by itself could show commercial success if done with sufficient intensity.” To effectively use licensing as evidence of commercial success: Demonstrate the extent and…
Read MoreHow do licensing activities support commercial success claims in patent cases?
How do licensing activities support commercial success claims in patent cases? Licensing activities can provide strong support for commercial success claims in patent cases. The MPEP 716.03(b)(II) addresses this: Licensing activities showing acceptance by others may be used to demonstrate commercial success if there was licensing of the invention by others during the period attributable…
Read MoreHow does licensing affect micro entity status eligibility?
How does licensing affect micro entity status eligibility? Licensing can significantly impact an applicant’s eligibility for micro entity status. According to the MPEP: “The applicant has not assigned, granted, or conveyed, nor is under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned…
Read MoreHow does licensing affect small entity status for a business concern?
How does licensing affect small entity status for a business concern? Licensing can significantly impact a business concern’s eligibility for small entity status. According to MPEP 509.02: “Rights to an invention are considered as assigned, granted, conveyed, or licensed when they are held by an entity other than the inventor, and they are not qualified…
Read MoreHow does licensing affect small entity status for patent fees?
Licensing can significantly impact small entity status for patent fees. The MPEP provides specific guidance on this matter: Rights conveyed by an applicant or patentee to a Government agency are not considered to be license for purposes of this paragraph. A Government agency includes any agency of the Federal Government or military department of the…
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