Are mere allegations of nonequivalence sufficient to overcome 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. No, mere allegations of nonequivalence are not sufficient to overcome…
Read MoreWhat are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)?
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 Leahy-Smith America Invents Act (AIA) revised 35 U.S.C. 102 and…
Read MoreWhat is the significance of AIA 35 U.S.C. 102(b) in relation to disclosures?
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. AIA 35 U.S.C. 102(b) plays a crucial role in determining…
Read MoreHow should an examiner address new arguments or evidence in an examiner’s answer?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 3 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 an inter partes reexamination proceeding, examiners are not permitted…
Read MoreHow do “adapted to” clauses affect the patentability of an invention?
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. “Adapted to” clauses can affect the patentability of an invention…
Read MoreWhat is an Action Closing Prosecution (ACP) in inter partes 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. An Action Closing Prosecution (ACP) is a type of Office…
Read MoreWhen should an examiner make a rejection under 35 U.S.C. 112(b) for exemplary claim language?
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 examiner should consider making a rejection under 35 U.S.C.…
Read MoreWhat is a written opinion in the context of international patent searches?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 written opinion is an essential document produced alongside the…
Read MoreCan a restriction requirement be withdrawn after reconsideration?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 restriction requirement can be withdrawn after reconsideration. If…
Read MoreCan an examiner withdraw the election of species requirement in a Markush claim?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 withdraw the election of species requirement…
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