What happens if the best mode is not disclosed in the original patent application?
If the best mode contemplated by the inventor at the time of filing is not disclosed in the original patent application, this defect cannot be cured by later amendments. The MPEP 2165.01 states: “If the best mode contemplated by the inventor at the time of filing the application is not disclosed, such a defect cannot…
Read MoreCan a biological deposit be made after a patent has been granted?
No, a biological deposit cannot be made after a patent has been granted if no original deposit was made during the application process. The MPEP clearly states: “A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made…
Read MoreWhat must be included in the Written Opinion of the International Searching Authority?
The Written Opinion of the International Searching Authority must include specific elements as mandated by MPEP 1845: “The applicant must be notified in the written opinion of the defects found in the application. The examiner is further required to fully state the reasons for his/her opinion (PCT Rules 66.1bis and 66.2(b)) and invite a written…
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