What happens if the examiner finds prior art that reads on the elected species 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. If the examiner finds prior art that reads on the…
Read MoreWhat is the definition of “prior art” in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 8 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 term “prior art” in patent law refers to all…
Read MoreHow does the availability of prior art differ between original and reissue applications?
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. In most cases, the availability of prior art for reissue…
Read MoreWhat is the difference between a “Printer Rush – No mailing” action and other Office Actions?
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 “Printer Rush – No mailing” action is a specific…
Read MoreWhat are the primary search tools available to patent examiners?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 4 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 primary search tools available to patent examiners include: The…
Read MoreWhat is the significance of the “primary reference” in design patent obviousness rejections?
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. The concept of a “primary reference” is crucial in design…
Read MoreWhat are the primary responsibilities of a Primary Examiner in the USPTO?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules2 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 Primary Examiner in the United States Patent and Trademark…
Read MoreWhat is a prima facie case for lack of ornamentality in a design patent?
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 prima facie case for lack of ornamentality in a…
Read MoreWhat does ‘Preparation of an Application for Allowance’ mean in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 1 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 ‘Preparation of an Application for Allowance’ refers to the…
Read MoreWhat is the role of a preliminary amendment in a reissue application?
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 preliminary amendment plays a significant role in reissue applications.…
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