What is the purpose of citing prior art in an 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. Citing prior art in an inter partes reexamination serves to…
Read MoreHow does profit motive affect experimental use in patent law?
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. The presence of a profit motive does not automatically negate…
Read MoreWhat are product-by-process claims in patent law?
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. Product-by-process claims are a type of patent claim that define…
Read MoreCan procedural matters be discussed in inter partes reexamination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. Yes, questions on strictly procedural matters may be discussed with…
Read MoreWhat role does the state of the prior art play in determining 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. The state of the prior art is a crucial factor…
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 pre-AIA 35 U.S.C. 103(b) and when does it apply?
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. Pre-AIA 35 U.S.C. 103(b) is a provision applicable to biotechnological…
Read MoreHow is “person” defined in the Hague Agreement for international design applications?
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. The Hague Agreement provides a specific definition for the term…
Read MoreWhat types of testing are permitted under experimental use in patent law?
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. The MPEP outlines several types of testing that may be…
Read MoreWhat is the “on sale” bar in patent law?
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. The “on sale” bar in patent law refers to a…
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