Can the Patent Trial and Appeal Board correct inventor names in a derivation proceeding?

Yes, the Patent Trial and Appeal Board (PTAB) has the authority to correct inventor names during a derivation proceeding. This power is explicitly stated in MPEP 2310.01, which cites 35 U.S.C. 135(b): “In appropriate circumstances, the Patent Trial and Appeal Board may correct the naming of the inventor in any application or patent at issue.”…

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What is the Patent Trial and Appeal Board’s role in patent interferences?

The Patent Trial and Appeal Board (PTAB) plays a significant role in patent interferences. According to MPEP 2304, after an Interference Practice Specialist (IPS) reviews a suggested interference, they may refer it to the Board: “…the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.”…

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What is the role of the Patent Trial and Appeal Board in derivation proceedings?

The Patent Trial and Appeal Board (PTAB) plays a crucial role in derivation proceedings. According to MPEP 2310.01, which cites 35 U.S.C. 135(b): “In a derivation proceeding instituted under subsection (a), the Patent Trial and Appeal Board shall determine whether an inventor named in the earlier application derived the claimed invention from an inventor named…

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How do examiners handle undue multiplicity in patent applications?

Patent examiners handle undue multiplicity in patent applications through a specific procedure outlined in MPEP 2173.05(n): The examiner contacts the applicant by telephone, explaining that the claims are unduly multiplied. The examiner requests that the applicant select a specified number of claims for examination. If the applicant complies, the examiner makes an undue multiplicity rejection…

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