How does the USPTO handle utility rejections for inventions with “throwaway” utilities?

The USPTO addresses “throwaway” utilities in patent applications as part of its examination process. According to MPEP 2107.01: “Rejections under 35 U.S.C. 101 based on a lack of credible utility have been sustained by federal courts when, for example, the applicant failed to disclose any utility for the invention or asserted a utility that could…

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How does the USPTO handle applications not under secrecy orders that interfere with applications under secrecy orders?

The USPTO has a specific procedure for handling applications not under secrecy orders that interfere with applications under secrecy orders. According to MPEP 2306: “If an application not under a secrecy order has allowable claims that interfere with allowable claims of an application that is under a secrecy order, then the application that is not…

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What types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?

According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include: U.S. patents U.S. patent application publications WIPO published applications The MPEP specifically states: This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application…

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How should unbranched nucleotide sequences be presented in patent applications?

How should unbranched nucleotide sequences be presented in patent applications? According to MPEP 2421.02, unbranched nucleotide sequences in patent applications must be presented as follows: They must be listed using a single letter code for nucleotide bases. Sequences with 10 or more nucleotides must be represented in the sequence listing. Each sequence must be assigned…

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What types of patent proceedings can the Board assume jurisdiction over?

The Board of Patent Appeals and Interferences (BPAI) has broad authority to assume jurisdiction over various types of patent proceedings. According to MPEP 2312, the Board can take control of: Regular patent applications Reexamination proceedings Reissue applications Issued patents with derivation petitions The MPEP specifically states: “The Board may assume jurisdiction of any application, including…

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