Can species be independent or related in patent applications?
Yes, species can be either independent or related in patent applications. The MPEP 806.04(e) states: “Species may be either independent or related as disclosed (see MPEP § 806.04 and § 806.04(b)).” This means that different embodiments (species) of an invention can be: Independent: Distinct variations that don’t rely on each other. Related: Variations that share…
Read MoreHow can I request nonpublication of my patent application?
To request nonpublication of your patent application, you can use Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i)“. This form should be submitted when filing your application. The MPEP states: “Form PTO/SB/35, “Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(i),” may be used by applicant for filing a request for nonpublication and the certification under 35 U.S.C.…
Read MoreCan former USPTO employees work on patent applications they examined?
Can former USPTO employees work on patent applications they examined? No, former USPTO employees are prohibited from working on patent applications they personally examined or were personally involved with during their employment. This restriction is outlined in MPEP 1702: “Former examiners and other employees of the USPTO are not entitled to prosecute in any manner,…
Read MoreHow can I electronically file patent applications and other documents with the USPTO?
The USPTO offers a secure electronic filing system for patent applications and related documents. Key points about electronic filing include: The USPTO patent electronic filing system allows secure submission of documents via the Internet. Applicants can use the Electronic Filing System-Web (EFS-Web) to file patent applications and other documents. The system is governed by the…
Read MoreWhat are the procedures for handling DOE and NASA property rights statements in patent applications?
Petitions relating to Department of Energy (DOE) and National Aeronautics and Space Administration (NASA) property rights statements in patent applications are handled by the Director of the Technology Center who Oversees Licensing and Review. As stated in MPEP 1002.02(c)(1): “Petitions relating to DOE property rights statements under 42 U.S.C. 2182, MPEP § 150.” “Petitions relating…
Read MoreWhat is the difference between species and embodiments in patent applications?
In patent applications, the terms “species” and “embodiments” are often used interchangeably, but they have subtle differences: Embodiments: Refer to specific examples or implementations of the invention described in the application. Species: Typically represent distinct variations or sub-types within a broader inventive concept (genus). The MPEP 808.01(a) states: “Where an application includes claims directed to…
Read MoreHow are independent species determined in patent applications?
Independent species in patent applications are determined based on their lack of connection in design, operation, or effect under the disclosure. As stated in MPEP 806.04(b): “Where species under a claimed genus are not connected in any of design, operation, or effect under the disclosure, the species are independent inventions.” This means that if different…
Read MoreWhat types of petitions are decided by the Deputy Commissioner who oversees the Office of Petitions?
The Deputy Commissioner who oversees the Office of Petitions or assigned staff in the Office of Petitions, the Office of Patent Legal Administration, and the MPEP Staff Office decide on various types of petitions, including: Petitions to revive abandoned applications Petitions for waiver or suspension of rules Petitions to invoke supervisory authority Petitions for unintentionally…
Read MoreWhat are the criteria for proper restriction in patent applications?
The criteria for proper restriction in patent applications are outlined in MPEP 803. Restriction is proper when the following two criteria are met: The inventions are independent or distinct as claimed There would be a serious burden on the examiner if restriction is not required As stated in the MPEP: “If the search and examination…
Read MoreWhat are the criteria for linking claims in patent applications?
Linking claims in patent applications must meet specific criteria as outlined in the Manual of Patent Examining Procedure (MPEP) 809. The key criteria include: The linking claim(s) must be broader in at least one respect than the inventions it links. The linking claim(s) must require all the limitations of at least one of the linked…
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