What are the limitations of res judicata in patent applications?
Res judicata in patent applications has several limitations. According to MPEP 2190: “A res judicata rejection should be applied only when the earlier decision was a decision of the Patent Trial and Appeal Board (or its predecessor Board) or any one of the reviewing courts and when there is no opportunity for further court review…
Read MoreAre there exceptions to the rule against using trademarks or trade names as claim limitations?
Yes, there are exceptions to the rule against using trademarks or trade names as claim limitations. The MPEP 2173.05(u) states: “Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982) states that a trademark or trade name is permissible in a claim to identify the source of goods.“ This exception allows for the use of trademarks…
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