What is a product-by-process claim?
A product-by-process claim is a product claim that defines the claimed product in terms of the process by which it is made. According to MPEP 2173.05(p), “A product-by-process claim, which is a product claim that defines the claimed product in terms of the process by which it is made, is proper.” This type of claim…
Read MoreWhen should the structure implied by process steps be considered in product-by-process claims?
The structure implied by process steps should be considered when assessing the patentability of product-by-process claims in certain situations. MPEP 2113 states: “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps…
Read MoreWhen is a Patentability Report not appropriate in patent examination?
Patentability Reports are not always the most efficient or appropriate method for patent examination. MPEP 705.01(e) outlines situations where Patentability Reports are ordinarily not proper: “Where claims are directed to the same character of invention but differ in scope only, prosecution by Patentability Report is never proper.” Additionally, Patentability Reports are generally not appropriate in…
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