Under what circumstances might the USPTO not suspend action on a reissue application with concurrent litigation?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 USPTO may choose not to suspend action on a reissue application with concurrent…
Read MoreCan you provide examples of analogous arts in patent examination?
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, the MPEP provides specific examples to illustrate the concept…
Read MoreWhen should an examiner examine all claims despite potential distinctness?
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. An examiner should examine all claims on their merits, even…
Read MoreWhat information is included in the examiner’s reasons for allowance?
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 examiner’s reasons for allowance are an important part of…
Read MoreCan examiners with partial signatory authority issue restriction requirements?
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, examiners with partial signatory authority can issue restriction requirements,…
Read MoreWhat is the examiner’s burden of proof for subcombinations usable together?
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 examiner’s burden of proof for subcombinations usable together is…
Read MoreHow does the examiner’s burden of proof work in process of making and product made distinctness?
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. How does the examiner’s burden of proof work in process…
Read MoreWhat should an examiner do if they are unsure about the proper restriction among claimed inventions?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules4 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 an examiner is unsure about the proper restriction among…
Read MoreWhat should an examiner do if they become aware of litigation during the examination of a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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. If an examiner becomes aware of litigation involving the patent…
Read MoreShould an examiner conduct a new search after a complete reversal by the PTAB?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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, an examiner should not conduct a new search after a complete reversal by…
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