What is the role of “interchangeability” in determining equivalence?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. Interchangeability plays a crucial role in determining equivalence in patent…
Read MoreHow are Office actions mailed in inter partes reexamination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 inter partes reexamination proceedings, Office actions are mailed after…
Read MoreWhat is the difference between correcting inventorship in inter partes and ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. There is no difference in the process of correcting inventorship…
Read MoreWhat is the initial processing procedure for ex parte reexamination requests?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 5 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 initial processing of ex parte reexamination requests filed under 35…
Read MoreWhat are the issues with using phrases like “for example,” “such as,” or “or the like” in patent claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 MPEP addresses the use of phrases like “for example,”…
Read MoreWhat are some examples of claim language that have been held to be indefinite due to exemplary phrasing?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 MPEP 2173.05(d) provides several examples of claim language that…
Read MoreWhat happens if an ex parte reexamination request is incomplete?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. If an ex parte reexamination request is incomplete, the following…
Read MoreHow does the USPTO handle arguments about improper hindsight in obviousness rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. Applicants often argue that an examiner’s obviousness rejection is based…
Read MoreWhat is implicit disclosure in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. Implicit disclosure in patent law refers to information that is…
Read MoreHow can an applicant express disagreement with a requirement to add a claim for interference?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. While an applicant must comply with a requirement to add…
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