What is the purpose of an interview summary in patent applications?
What is the purpose of an interview summary in patent applications? An interview summary serves as an official record of the discussion between the examiner and the applicant or their representative during a patent application interview. According to MPEP 713.04: “A complete written statement as to the substance of any face-to-face, video conference, or telephone…
Read MoreWhat is the purpose of the patent file wrapper?
What is the purpose of the patent file wrapper? The patent file wrapper, also known as the prosecution history, serves as a complete record of all proceedings in the Patent and Trademark Office from the filing of the application to the issuance of the patent. According to MPEP 724.01, ‘The file wrapper should contain all…
Read MoreWhat is the purpose of an interview summary in patent examination?
What is the purpose of an interview summary in patent examination? An interview summary serves as an official record of the discussion between the examiner and the applicant or their representative during a patent examination interview. The MPEP states: “A complete written statement as to the substance of any face-to-face, video conference, or telephone interview…
Read MoreWhat is the purpose of a declaration under 37 CFR 1.130(b)?
A declaration under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor before the date of the disclosure being used as prior art. As stated in MPEP 717.01(b): “Where the subject matter disclosed had been…
Read MoreHow can an applicant prove the existence of a long-felt need in patent applications?
How can an applicant prove the existence of a long-felt need in patent applications? To prove the existence of a long-felt need in patent applications, an applicant can provide various forms of evidence: Historical documentation of the problem Previous unsuccessful attempts to solve the problem Expert testimony Industry publications discussing the need Market research data…
Read MoreWhat are the labeling requirements for protective order materials submitted to the USPTO?
Materials subject to a protective order must be clearly labeled and submitted following specific guidelines. According to the MPEP: Each document or item must be clearly labeled as a ‘Trade Secret’ document or item, a ‘Proprietary’ document or item, or as an item or document ‘Subject To Protective Order.’ For items subject to a protective…
Read MoreWhat is the Priority Mail Express® procedure for filing correspondence with the USPTO?
The Priority Mail Express® procedure allows applicants to obtain a filing date based on the date of deposit with the United States Postal Service (USPS), rather than the date of receipt at the USPTO. This is authorized by 35 U.S.C. 21(a) and governed by 37 CFR 1.10. To use this procedure, applicants must: Use the…
Read MoreWhat are the requirements for a compliant Prioritized Examination request?
A compliant Prioritized Examination request must meet the following requirements: The application must be a utility or plant nonprovisional application. The request must be filed with the application or with a Request for Continued Examination (RCE). The application must contain no more than 4 independent claims and 30 total claims. The request must include the…
Read MoreHow does a prior public disclosure affect the grace period under AIA?
Under the America Invents Act (AIA), a prior public disclosure by the inventor or joint inventor can affect the grace period, providing protection against certain disclosures being used as prior art. According to MPEP 717.01(b): “The grace period provision of AIA 35 U.S.C. 102(b)(1)(B) applies if the ‘subject matter disclosed [in the intervening disclosure] had,…
Read MoreHow does the USPTO handle prior art exceptions after final rejection?
The USPTO gives special consideration to submissions concerning prior art exceptions even after a final rejection. As stated in MPEP 714.12: Applicant’s submissions concerning the prior art exception under 35 U.S.C. 102(b)(2)(C) or prior art disqualification under pre-AIA 35 U.S.C. 103(c) are entitled to being considered even after a final rejection has been made. If…
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