How are documents submitted by parties considered in reexamination?
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. In reexamination proceedings, the consideration given to documents submitted by…
Read MoreHow does the doctrine of equivalents relate to 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 doctrine of equivalents and making a prima facie case…
Read MoreWhat are the circumstances for discretionary reopening of prosecution after ACP?
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. Examiners are encouraged to be liberal in reopening prosecution after…
Read MoreWhat is the difference between using a reference under MPEP 2124 and as 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 key difference lies in how the reference is used…
Read MoreHow does an examiner determine if 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. To determine if a prior art element is an equivalent,…
Read MoreHow does a derivation proceeding affect the examination of patent applications?
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. A derivation proceeding can significantly affect the examination of patent…
Read MoreWhat happens after a derivation proceeding is decided?
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. After a derivation proceeding is decided, jurisdiction over the application…
Read MoreCan a prior art reference that criticizes an invention still be used against it?
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. Yes, a prior art reference that criticizes an invention can…
Read MoreHow does the interpretation of contingent limitations differ between method and system 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 interpretation of contingent limitations differs significantly between method and…
Read MoreWhat should be included 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. An Action Closing Prosecution (ACP) in an inter partes reexamination…
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