How is prior art considered in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. In inter partes reexamination, the consideration of prior art is…
Read MoreWhat types of prior art can be considered in ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 ex parte reexaminations ordered under 35 U.S.C. 304, the…
Read MoreWhat prior art must an examiner consider during inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. During inter partes reexamination, an examiner must consider various sources…
Read MoreHow does the degree of consideration for submitted prior art differ in ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 ex parte reexamination, the degree of consideration given to…
Read MoreWhat does “prima facie obviousness” mean in the context of Art Recognized Suitability?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 the context of Art Recognized Suitability, “prima facie obviousness”…
Read MoreWhat is a prima facie case of equivalence in patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 of equivalence is established when an…
Read MoreWhat is a prima facie case for lack of utility and how is it established?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 utility is an…
Read MoreHow should prior art be presented in an inter partes reexamination request?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. When presenting prior art in an inter partes reexamination request,…
Read MoreCan post-filing date references be used to demonstrate lack of enablement?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. Generally, post-filing date references should not be used to demonstrate…
Read MoreCan a reference published after the filing date be used under MPEP 2124?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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, under certain circumstances, a reference published after the filing…
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