What is a “Contracting Party” in the context of international design applications?
In the context of international design applications, a “Contracting Party” is defined by the Hague Agreement. According to MPEP 2904: “Article 1(xiii) defines a ‘Contracting Party’ as a State or intergovernmental organization that is a party to the Hague Agreement.” This means that a Contracting Party can be either: A State that has joined the…
Read MoreWhat is the significance of contemporaneous recognition and appreciation in conception?
Contemporaneous recognition and appreciation of the invention is a crucial element in establishing conception in patent law. According to MPEP 2138.04: “There must be a contemporaneous recognition and appreciation of the invention for there to be conception.” This means that the inventor must recognize and understand the significance of their invention at the time it…
Read MoreWhat is constructive notice in patent reexamination proceedings?
Constructive notice in patent reexamination proceedings is a legal concept where the USPTO provides public notification about the reexamination process when direct communication with the patent owner is not possible. This ensures that the reexamination can proceed even if the patent owner cannot be reached. According to MPEP 2230: “If all efforts to correspond with…
Read MoreWhat happens if an appeal brief is not timely filed in ex parte reexamination?
If an appeal brief is not timely filed in ex parte reexamination, the appeal will be dismissed. The MPEP clearly states: “Failure to file the brief and/or the appeal brief fee within the permissible time will result in dismissal of the appeal.” After dismissal, the reexamination prosecution is terminated, and a Notice of Intent to…
Read MoreWhat are the consequences of failing to comply with the duty of disclosure in reexamination proceedings?
Failing to comply with the duty of disclosure in reexamination proceedings can have serious consequences. MPEP 2280 states: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct by any such individual results in noncompliance with 37 CFR 1.555(a).” The consequences of non-compliance…
Read MoreWhat is the proper service requirement for confidential submissions to the USPTO?
When making confidential submissions to the USPTO, it’s crucial to follow the proper service requirements. According to MPEP 2203: Confidential submissions should include proper proof of service as required by 37 CFR 1.248(b) that the patent owner has been sent a copy of the submission; otherwise the submission will not be entered into the patent…
Read MoreWhat is the difference between the exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2)?
The exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2) serve different purposes and apply to different types of prior art. Here’s a comparison: 35 U.S.C. 102(b)(1) Exceptions: Apply to disclosures that would be prior art under 35 U.S.C. 102(a)(1) Cover public disclosures made within one year before the effective filing date Include exceptions for inventor’s own…
Read MoreWhat is common ownership under pre-AIA 35 U.S.C. 103(c)?
Common ownership under pre-AIA 35 U.S.C. 103(c) means that the subject matter which would otherwise qualify as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g) and the claimed invention must be entirely or wholly owned by, or under an obligation to assign to, the same person(s) or organization(s)/business entity(ies) at the time the…
Read MoreWhat constitutes a commercial offer for sale in patent law?
A commercial offer for sale in patent law is a critical component of the on-sale bar. According to MPEP 2133.03(b): “A sale is a contract between parties to give and to pass rights of property for consideration which the buyer pays or promises to pay the seller for the thing bought or sold.” Key points…
Read MoreWhat constitutes a “commercial offer for sale” in patent law?
A “commercial offer for sale” in patent law is determined by applying the law of contracts as generally understood. According to MPEP 2152.02(d), “[a] sale is a contract between parties to give and to pass rights of property for consideration which the buyer pays or promises to pay the seller for the thing bought or…
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