What evidence is required to establish non-receipt of an Office action in a patent application?
What evidence is required to establish non-receipt of an Office action in a patent application? To establish non-receipt of an Office action in a patent application, the USPTO requires specific evidence. This is crucial when filing a petition to withdraw the holding of abandonment based on non-receipt. According to MPEP 711.03(c): ‘The showing required to…
Read MoreWhat evidence is required to establish long-felt need in a patent application?
To establish long-felt need in a patent application, specific types of evidence are required. The MPEP 716.04 outlines the following key requirements: Objective evidence: The long-felt need must be supported by evidence, not just assertions. Persistent need: Show that the need has been recognized and persistent for a significant time. Unsuccessful attempts: Demonstrate that others…
Read MoreWhat evidence is needed to prove commercial success in patent applications?
To prove commercial success as evidence of non-obviousness in patent applications, applicants must provide substantial and credible evidence. According to MPEP 716.03(a), the following types of evidence are typically required: Sales figures: Actual sales data for the product embodying the claimed invention Market share: Information on the product’s share of the relevant market Growth in…
Read MoreWhat evidence is required in a 1.130(b) declaration for prior public disclosure?
A declaration under 37 CFR 1.130(b) requires specific evidence to establish a prior public disclosure. As outlined in MPEP 717.01(b), the declaration should include: The subject matter that was publicly disclosed; The date of the public disclosure; and The manner of the public disclosure. The MPEP states: “The evidence necessary to show prior public disclosure…
Read MoreWhat evidence is needed to support a claim of long-felt need in a patent application?
To support a claim of long-felt need in a patent application, applicants must provide objective evidence as outlined in MPEP 716.04. The following types of evidence are crucial: Problem recognition: Evidence that the problem was recognized and articulated in the art. This can include published articles, industry reports, or expert testimonies discussing the problem. Persistence…
Read MoreHow can common ownership be established for the 35 U.S.C. 102(b)(2)(C) exception?
To establish common ownership for the 35 U.S.C. 102(b)(2)(C) exception, the following statement is sufficient according to the MPEP: Application [the application serial number] and the subject matter disclosed in the reference(s) [the patent identifier of the commonly owned applied art (whether U.S. patents, U.S. patent applications, U.S. patent application publications, or WIPO patent publications)…
Read MoreIs an enabling disclosure required for a 37 CFR 1.130(a) declaration?
No, an enabling disclosure is not required for a declaration under 37 CFR 1.130(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor…
Read MoreWhat are the eligibility requirements for prioritized examination?
The eligibility requirements for prioritized examination include: The application must be a utility or plant nonprovisional application, including continuing applications. The application must not contain more than four independent claims and thirty total claims, with no multiple dependent claims. Specific fees must be paid, including the prioritized examination fee, processing fee, and publication fee. For…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
Read MoreCan ‘Easily Erasable’ paper be used for patent applications?
The use of ‘Easily Erasable’ paper for patent applications is discouraged. According to MPEP 714.07: So-called ‘Easily Erasable’ paper having a special coating so that erasures can be made more easily may not provide a ‘permanent’ copy. This type of paper may not meet the requirement for permanent records as specified in 37 CFR 1.52(a).…
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