What is a seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130?
A seasonable or timely presentation of affidavits or declarations under 37 CFR 1.130 refers to submitting these documents at specific times during the patent examination process. According to MPEP 717.01(f), these documents are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection,…
Read MoreWhat is the scope of the Requirement for Information in patent examination?
The Requirement for Information in patent examination has a specific scope as outlined in MPEP 704.12(a): The requirement for information is limited to that information required by the examiner to complete the examination. This means that the examiner can only request information that is directly relevant to the examination process. The requirement is not a…
Read MoreWhat role does the ‘totality of the evidence’ play in patent examinations?
The ‘totality of the evidence’ plays a crucial role in patent examinations, as outlined in MPEP 716.01(d). Key points include: Examiners must consider all available evidence before making a final determination on obviousness. The totality of evidence includes both the prima facie case of obviousness and any secondary considerations. No single piece of evidence is…
Read MoreWhat is the role of supervisory patent examiners in the examination process?
Supervisory patent examiners play a crucial role in overseeing the examination process and ensuring its efficiency. The MPEP 707.02 outlines their responsibilities: The supervisory patent examiners should impress upon their assistants that the shortest path to the final disposition of an application is by finding the best references on the first search and carefully applying…
Read MoreWhat is the role of attorney arguments in patent examination?
What is the role of attorney arguments in patent examination? Attorney arguments play a significant role in patent examination, but they are not considered evidence. According to MPEP 716.01(C)(II), “The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965).”…
Read MoreWhat is the process for reviewing an examiner’s refusal to enter an affidavit as untimely?
If an examiner refuses to enter an affidavit as untimely, the review process is through a petition, not an appeal to the Patent Trial and Appeal Board. MPEP 715.09 clearly states: Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal…
Read MoreHow can an examiner’s decision on affidavit sufficiency be reviewed?
The review process for an examiner’s decision on affidavit sufficiency under 37 CFR 1.131(a) involves two different paths, depending on the nature of the review: Formal sufficiency and propriety: MPEP 715.08 states: Review of an examiner’s decision with regard to questions of formal sufficiency and propriety of an affidavit or declaration under 37 CFR 1.131(a)…
Read MoreWhat is the difference between reversing a holding of abandonment and reviving an abandoned application?
Reversing a holding of abandonment and reviving an abandoned application are two distinct processes in patent examination. According to MPEP 711.03(a): This is not a revival of an abandoned application but merely a holding that the application was never abandoned. When an examiner reverses a holding of abandonment, they are essentially stating that their initial…
Read MoreCan reversed federal district court decisions be cited as authority in patent examination?
No, federal district court decisions that have been reversed on appeal should not be cited as authority in patent examination. The MPEP explicitly states: “It is important to recognize that a federal district court decision that has been reversed on appeal cannot be cited as authority.” This guideline ensures that only valid and current legal…
Read MoreCan exhibits be returned after patent examination?
Can exhibits be returned after patent examination? Yes, exhibits can be returned after patent examination, but there are specific procedures to follow: Request: The applicant must request the return of the exhibit in writing. Timing: The request should be made after the application is allowed or abandoned. Conditions: The exhibit must not be necessary for…
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