Is it necessary to disclose critical values or proportions in the specification?

According to MPEP 716.02(f), it is not necessary to disclose critical values or proportions in the specification for applicants to present evidence showing these values or proportions to be critical. The section specifically states: “The specification need not disclose proportions or values as critical for applicants to present evidence showing the proportions or values to…

Read More

How can canceled text in a patent specification be reinstated?

Canceled text in a patent specification can only be reinstated through a specific process. According to MPEP 608.01(s): “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” This means that applicants must submit a new amendment that introduces the previously canceled text…

Read More

Can I criticize prior art in my patent application?

No, you should avoid making derogatory remarks about prior art in your patent application. The MPEP 608.01(r) states: “The applicant may refer to the general state of the art and the advance thereover made by his or her invention, but he or she is not permitted to make derogatory remarks concerning the inventions of others.”…

Read More

What are considered derogatory remarks in a patent specification?

According to MPEP 608.01(r), derogatory remarks in a patent specification are: “statements disparaging the products or processes of any particular person other than the applicant, or statements as to the merits or validity of applications or patents of another person.” This means you should avoid criticizing specific inventions, products, or patents of others in your…

Read More

What is the difference between a specification and claims in a patent application?

What is the difference between a specification and claims in a patent application? The specification and claims are distinct but related parts of a patent application: Specification: This is a detailed written description of the invention. According to MPEP 601.01, it must contain “a description pursuant to 35 U.S.C. 112(a).” The specification explains how to…

Read More

What is the preferred order of arrangement for a patent specification?

The MPEP provides guidelines for the preferred order of arrangement in framing a patent specification. While not mandatory, following this order can help organize the application effectively: Title of the invention Cross-reference to related applications Statement regarding federally sponsored research or development Background of the invention Brief summary of the invention Brief description of the…

Read More

What is the relationship between the specification and claims in a patent application?

The relationship between the specification and claims in a patent application is crucial. As indicated in MPEP 608.01(k), “35 U.S.C. 112 requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his or her invention.” This means: The specification provides a detailed description…

Read More