Are negative limitations allowed in patent claims?
Yes, negative limitations are allowed in patent claims. The Manual of Patent Examining Procedure (MPEP) 2173.05(i) states: “The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth definitely, albeit negatively, the claim complies…
Read MoreWhat is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…
Read MoreNo Additional FAQs
All relevant information from MPEP 2904 – Who May File An International Design Application has been thoroughly covered in the previously generated FAQs. No additional questions can be formulated without redundancy. To learn more: international design application MPEP patent law
Read MoreHow are mental processes defined as abstract ideas in patent law?
Mental processes are the third main category of abstract ideas identified in MPEP 2106.04(a)(2). The MPEP defines mental processes as: “Mental processes” include concepts performed in the human mind (including an observation, evaluation, judgment, opinion). Key points about mental processes as abstract ideas: They can be performed entirely in the human mind or with the…
Read MoreHow is information deemed material to patentability in reexamination proceedings?
In reexamination proceedings, information is considered material to patentability when it is not cumulative to information already of record and meets certain criteria. According to MPEP 2280, which cites 37 CFR 1.555(b): “Information is material to patentability in a reexamination proceeding when it is not cumulative to information of record or being made of record…
Read MoreWhat is the Lundak case and how does it affect biological deposits for patents?
The Lundak case (In re Lundak, 773 F.2d 1216, 227 USPQ 90 (Fed. Cir. 1985)) is a significant legal precedent in patent law regarding biological deposits. According to MPEP 2406.01: “The United States Court of Appeals for the Federal Circuit held that the requirements of access by the Office to a sample of the cell…
Read MoreWhat are the legal statutes governing biological deposits for patent applications?
The primary legal statutes governing biological deposits for patent applications are found in 35 U.S.C. 112. According to MPEP 2403: “The issue of the need to make a deposit of biological material typically arises under 35 U.S.C. 112(a) with regard to the enablement requirement, although the issue may also arise under the written description or…
Read MoreWhat is required for conception to be legally complete?
For conception to be legally complete, several elements must be present according to MPEP 2138.04: Definite and permanent idea: The inventor must have formed a definite and permanent idea of the complete and operable invention. Every feature of the invention: The conception must include every feature or limitation of the invention as claimed. Enablement: The…
Read MoreWhat is the legal definition of “conception” in patent law?
According to MPEP 2138.04, conception in patent law is defined as “the complete performance of the mental part of the inventive act” and “the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention as it is thereafter to be applied in practice.” This definition comes…
Read MoreWhat legal cases support the policy against rejecting claims for aggregation?
The policy against rejecting patent claims for aggregation is supported by two key legal cases cited in MPEP 2173.05(k): In re Gustafson, 331 F.2d 905, 141 USPQ 585 (CCPA 1964): This case established that “an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112.” In…
Read More