Where can I find information about the former inter partes reexamination practice?
If you’re looking for information about the former inter partes reexamination practice, you can refer to the 9th Edition of the Manual of Patent Examining Procedure (MPEP). As stated in MPEP 2631, “Guidance on the former practice is available in the 9th Edition of the MPEP.“ It’s important to note that this information is now…
Read MoreHow do foreign sales affect prior art for plant patents?
Foreign sales can significantly impact what constitutes prior art for plant patents. According to MPEP 2121.03, the In re Elsner case established that foreign sales could potentially create a statutory bar. The MPEP notes: “Although the court agreed with the Board that foreign sales may enable an otherwise non-enabling printed publication, the case was remanded…
Read MoreWhat is foreign priority in international design applications?
Foreign priority in international design applications refers to the right to claim priority to an earlier filed foreign application or international design application. According to MPEP 2920.05(d), this right is granted under 35 U.S.C. 386(a) and (b): “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign…
Read MoreHow can foreign patent applications be considered “published” for prior art purposes?
Foreign patent applications can be considered “published” and used as prior art under certain conditions, even if they are not issued in printed form. The key factor is public accessibility. As explained in the MPEP: “When the specification is not issued in printed form but is announced in an official journal and anyone can inspect…
Read MoreWhat factors indicate an experimental purpose in patent law?
The MPEP outlines several factors that courts consider in determining whether a claimed invention was offered for sale primarily for experimental purposes: Necessity for public testing Inventor’s control over the experiment Nature of the invention Length of the test period Whether payment was made Presence of a secrecy obligation Record-keeping of the experiment Who conducted…
Read MoreWhat are the key factors in determining if an activity qualifies as experimental use?
What are the key factors in determining if an activity qualifies as experimental use? Determining whether an activity qualifies as experimental use involves considering several factors. According to MPEP 2133.03(e), key factors include: The nature of the activity The length of the test period Whether payment was made for the device Whether there was a…
Read MoreCan extrinsic evidence expand the meaning of terms in a 35 U.S.C. 102 rejection?
No, extrinsic evidence cannot expand the meaning of terms in a 35 U.S.C. 102 rejection. According to MPEP 2131.01: “Extrinsic evidence may be used to explain but not expand the meaning of terms and phrases used in the reference relied upon as anticipatory of the claimed subject matter.” This principle is illustrated in the case…
Read MoreCan the time for filing an appeal brief be extended in ex parte reexamination?
Yes, the time for filing an appeal brief in ex parte reexamination can be extended under certain circumstances. The MPEP states: “In the event that the patent owner finds that he or she is unable to file a brief within the time allowed by the rules, he or she may file a request with the…
Read MoreHow does experimental use affect public use in patent law?
Experimental use can negate what would otherwise be considered a public use in patent law. The MPEP 2133.03(e) states: “The use of an invention by the inventor himself, or of any other person under his direction, by way of experiment, and in order to bring the invention to perfection, has never been regarded as [a…
Read MoreHow does experimental use affect the public use bar in patent law?
Experimental use is an important exception to the public use bar in patent law. According to MPEP 2133.03(e): “The use of an invention by the inventor himself, or of any other person under his direction, by way of experiment, and in order to bring the invention to perfection, has never been regarded as [a public]…
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