What should the first Office action in inter partes reexamination include?
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 first Office action in inter partes reexamination should be…
Read MoreDo I need to renumber figures after cancelling non-elected designs in an international design application?
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. No, you do not need to renumber figures after cancelling…
Read MoreWhat factors support a conclusion that a prior art element is an equivalent?
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. According to MPEP 2183, there are three main factors that…
Read MoreWhat factors do examiners consider when evaluating insignificant extra-solution activity?
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. According to MPEP 2106.05(g), examiners consider several factors when determining…
Read MoreWhat factors are considered when deciding equivalence in means-plus-function 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. When determining equivalence in means-plus-function claims, examiners consider several factors.…
Read MoreWhat is the difference between explicit and 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. In patent law, there’s an important distinction between explicit and…
Read MoreWhat is the exception to the rule that a reference must be prior art?
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 exception to the rule that a reference must be…
Read MoreHow are product-by-process claims examined for patentability?
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. When examining product-by-process claims for patentability, patent examiners focus on…
Read MoreHow does the examiner’s explanation support a prima facie case of 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. The examiner’s explanation is fundamental in supporting a prima facie…
Read MoreWhat is an examiner’s answer in an inter partes reexamination proceeding?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 5 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’s answer is a written response prepared by the…
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