What are the limitations of 37 CFR 1.131(a) affidavits in patent applications?
While 37 CFR 1.131(a) affidavits are useful for antedating certain prior art references, they have several important limitations: Statutory Bars: As stated in MPEP 715.01, “An affidavit or declaration under 37 CFR 1.131(a) is not appropriate where the reference is a statutory bar under pre-AIA 35 U.S.C. 102(b).” AIA Applications: These affidavits are not applicable…
Read MoreWhat role does licensing play in demonstrating commercial success for patents?
What role does licensing play in demonstrating commercial success for patents? Licensing can play a significant role in demonstrating commercial success for patents. According to MPEP 716.03(b), “Licensing activities may be relevant to commercial success if there is a proven nexus between the licensing activities and the merits of the claimed invention.” The MPEP provides…
Read MoreWhat are ‘Large Tables’ in patent applications?
‘Large Tables’ in patent applications are defined in 37 CFR 1.58(c) as: Any individual table that is more than 50 pages in length, or Multiple tables, if the total number of pages of all the tables in an application exceeds 100 pages in length. These tables can be submitted in electronic form as ASCII plain…
Read MoreWhat happens if there’s a lack of objective evidence of nonobviousness in a patent application?
The absence of objective evidence of nonobviousness in a patent application does not automatically result in a finding of obviousness. According to MPEP 716.01(a): “The lack of objective evidence of nonobviousness does not weigh in favor of obviousness.” This statement, citing Miles Labs. Inc. v. Shandon Inc., indicates that the absence of such evidence is…
Read MoreWhat are the key components of the utility requirement in patent applications?
The utility requirement is a fundamental aspect of patent law, as outlined in MPEP 716.08 and related sections. The key components of utility are: Credible Utility: The claimed invention must have a believable use. Specific Utility: The utility must be particular to the subject matter claimed. Substantial Utility: The invention must have a significant and…
Read MoreHow do ‘intermediate range’ cases affect unexpected results arguments in patents?
‘Intermediate range’ cases present unique challenges when arguing for unexpected results in patent applications. MPEP 716.02(d) provides guidance on this issue: The court has held that unexpected results for a claimed range as compared with the range disclosed in the prior art had been shown by a demonstration of ‘a marked improvement, over the results…
Read MoreHow is diligence evaluated in patent applications?
Diligence in patent applications is evaluated on a case-by-case basis, considering the specific circumstances of each invention. The MPEP states, Diligence must be judged on the basis of the particular facts in each case. This principle was reinforced in the case of In re Steed, where the court emphasized that Although the claimed invention is…
Read MoreHow are amendments processed in patent applications?
Amendments in patent applications are processed and distributed to examiners through the technical support staff sections. As stated in MPEP 714.18: “All amendments received in the technical support staff sections are processed and distributed to the examiners.” This ensures that examiners receive the amendments promptly for review and action. To learn more: amendments patent applications…
Read MoreWhat are the guidelines for submitting models in patent applications?
What are the guidelines for submitting models in patent applications? The guidelines for submitting models in patent applications are as follows: Necessity: Models should only be submitted when absolutely necessary to demonstrate the invention. Size: Models must not exceed 12 inches in length, width, or height unless permission is obtained. Material: Use durable materials that…
Read MoreHow does the failure of others relate to long-felt need in patent applications?
The failure of others to solve a problem is closely related to long-felt need in patent applications. According to MPEP 716.04, this relationship depends on several factors: Persistence of the problem: The need must have been persistent and recognized by those skilled in the art. The MPEP cites In re Gershon, which states: Since the…
Read More