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What does “patents are relevant as prior art for all they contain” mean?

By russ.krajec@blueironip.com | September 30, 2024

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. This principle means that patents can be used as prior…

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When can later publications be used as references in patent examination?

By russ.krajec@blueironip.com | September 30, 2024

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. Later publications can be used as references in patent examination…

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How are references from the original patent handled in a reissue application?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules4 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 a reissue application, the examiner should consider all references…

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What is the purpose of the PTO-892 form in reissue applications?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules4 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 PTO-892 form, also known as the “Notice of References…

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What are the requirements for submitting an IDS in a reissue application?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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. When submitting an Information Disclosure Statement (IDS) in a reissue…

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What documents are used to list references in a patent application?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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. References in a patent application are typically listed on two…

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What is the correct way to cite an A.P.C. published application?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 provides a specific format for citing A.P.C. published applications. The correct citation…

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What is the applicant’s responsibility regarding references in a reissue application?

By russ.krajec@blueironip.com | September 27, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 a reissue application, the applicant is not required to…

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How are copies of cited references provided to patent applicants?

By russ.krajec@blueironip.com | September 10, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. According to MPEP 707.05(a), copies of cited foreign patent documents…

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What should patent examiners include about references not used for rejection?

By russ.krajec@blueironip.com | September 10, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. When dealing with references that are not used as a…

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