What are the key requirements for patentability according to MPEP 706?
MPEP 706 outlines several key requirements for patentability that must be met before a claim can be allowed. These requirements include: Patent eligibility Usefulness Novelty Non-obviousness Enablement Clear description The MPEP states: “In every art, whether it be considered ‘complex,’ ‘newly developed,’ ‘crowded,’ or ‘competitive,’ all of the requirements for patentability (e.g., patent eligible, useful,…
Read MoreWhat are the most common grounds for rejection in patent applications?
The most frequent grounds for rejection in patent applications are based on prior art. As stated in the MPEP, By far the most frequent ground of rejection is on the ground of unpatentability in view of the prior art, that is, that the claimed subject matter is either not novel under 35 U.S.C. 102, or…
Read MoreWhat is the effect of a proper foreign priority claim on the effective filing date?
A proper foreign priority claim can give a U.S. patent application the benefit of the earlier foreign filing date as its effective filing date for prior art purposes. This can be crucial for establishing novelty and non-obviousness of the invention. 35 U.S.C. 119(a) states that a U.S. application properly claiming foreign priority “shall have the…
Read More