What criteria does an examiner use to grant an interview after final rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An examiner will grant an interview after final rejection if…
Read MoreHow does an examiner determine if the AIA 35 U.S.C. 102(b)(2)(C) exception applies?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An examiner determines if the AIA 35 U.S.C. 102(b)(2)(C) exception…
Read MoreCan an examiner require information about foreign applications under MPEP 704.10?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, an examiner can require information about foreign applications under…
Read MoreWhat is an Ex parte Quayle action and how does it affect statutory periods?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An Ex parte Quayle action is a specific type of…
Read MoreWhat types of evidence can demonstrate skepticism of experts in patent cases?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Evidence of skepticism of experts in patent cases can take…
Read MoreWhat criteria are used to evaluate the effectiveness of a 37 CFR 1.130(a) declaration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP outlines several criteria used to evaluate the effectiveness of a declaration under…
Read MoreHow does the USPTO evaluate sales figures as evidence of commercial success?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The United States Patent and Trademark Office (USPTO) evaluates sales…
Read MoreHow should rebuttal evidence be evaluated in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Rebuttal evidence in patent examination should be evaluated holistically against…
Read MoreHow is opinion evidence evaluated in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Opinion evidence in patent examination is evaluated based on several…
Read MoreWhat is the burden of proof for enablement in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. In patent examination, the burden of proof for enablement initially…
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