What is the effective date of an abandoned application as prior art?
The effective date of an abandoned application as prior art can vary: For published abandoned applications, the effective date is typically the publication date under 35 U.S.C. 102(a)(1). For unpublished abandoned applications referenced in other documents, the effective date is when the information became publicly available. The MPEP cites case law: “In re Heritage, 182…
Read MoreWhat is the effect of reissue on a patent?
The effect of reissue on a patent is outlined in 35 U.S.C. 252. Essentially, when a patent is reissued: The original patent is surrendered upon the issuance of the reissued patent. The reissued patent has the same legal effect as if it had been originally granted in its amended form. For claims that are substantially…
Read MoreWhat is the definition of an ornamental feature or design in patent law?
An ornamental feature or design is defined as one that was “created for the purpose of ornamenting” and cannot be the result or “merely a by-product” of functional or mechanical considerations. This definition comes from the case In re Carletti, where the court stated: “An ornamental feature or design has been defined as one which…
Read MoreCan a reissue application be used to correct inventorship in an expired patent?
No, a reissue application cannot be used to correct inventorship in an expired patent. According to MPEP 1412.04: “A reissue application can be filed to correct inventorship in a patent as long as all of the requirements of 37 CFR 1.324 are met.” However, one of the requirements for a reissue application is that the…
Read MoreWhat is the continuing duty of disclosure in a reissue application?
Reissue applicants have a continuing duty of disclosure throughout the reissue process. According to MPEP 1410: “37 CFR 1.178(b) requires reissue applicants to call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences, reissues, reexaminations, or litigation…
Read MoreWhat are the consequences of violating USPTO employee restrictions?
What are the consequences of violating USPTO employee restrictions? Violating USPTO employee restrictions can result in severe consequences, including criminal penalties. According to MPEP 1702: “Violation of the provisions of this section by a former employee of the Office is punishable in accordance with 18 U.S.C. 207.“ The consequences may include: Fines Imprisonment Loss of…
Read MoreWhat happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent?
When a reissue application and a reexamination proceeding are pending concurrently for the same patent, the Office may decide to merge the two proceedings or suspend one of them. According to MPEP 1449.01, “If an examiner becomes aware that a reissue application and an ex parte or inter partes reexamination proceeding are both pending for…
Read MoreWhat is the difference between claims and species in patent law?
In patent law, claims and species are distinct concepts. According to MPEP 806.04(e): “Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim).” In other words, claims define…
Read MoreWhat are civil suits under 35 U.S.C. 145 and 146?
Civil suits under 35 U.S.C. 145 and 146 are legal actions that can be filed in the U.S. District Court for the Eastern District of Virginia. These suits allow applicants or parties to challenge decisions made by the U.S. Patent and Trademark Office (USPTO). According to MPEP 1216.02, “A civil action under 35 U.S.C. 145…
Read MoreHow does a Certificate of Correction affect the legal status of a patent?
A Certificate of Correction becomes an integral part of the original patent and affects its legal status. According to MPEP 1480, which cites 35 U.S.C. 254: “A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent,…
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