What is the role of the examiner in making 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 plays a crucial role in making a prima…
Read MoreWhat is the examiner’s role after a Board decision with a new ground of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 7 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. After a Board decision with a new ground of rejection,…
Read MoreHow does an examiner handle withdrawals of rejections in an Action Closing Prosecution (ACP)?
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 an examiner withdraws a rejection in an Action Closing…
Read MoreWhat principles should guide an examiner in requiring 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. According to MPEP 2304.04(b), examiners should follow several principles when…
Read MoreHow does an examiner determine if an element is well-understood, routine, conventional 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(d), an examiner should determine that an…
Read MoreWhat guidelines apply to the examination of patent applications containing nucleotide sequences?
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 examination of patent applications containing nucleotide sequences is subject…
Read MoreWhat are the rules for conducting interviews in ex parte 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. Interviews in ex parte reexamination proceedings are subject to specific…
Read MoreHow should patent examiners evaluate claims that might have previously been rejected under the Old Combination principle?
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. Patent examiners should evaluate claims based on their compliance with…
Read MoreWhat is the relationship between equivalence and obviousness in patent examination?
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 examination, there is an important relationship between equivalence…
Read MoreHow does double inclusion affect device claims in patents?
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. Double inclusion in device claims can potentially lead to indefiniteness…
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