How does the USPTO handle applications with plural inventions related as both combination-subcombination and species?
When an application contains plural inventions that can be viewed as related in two ways – as combination-subcombination and as species under a claimed genus – the USPTO requires that both applicable criteria for distinctness be demonstrated to support a restriction requirement. The MPEP states: “In applications claiming plural inventions capable of being viewed as…
Read MoreWhat is a Patentability Report in patent examination?
A Patentability Report (P.R.) is a specialized examination process used by the United States Patent and Trademark Office (USPTO) when an application contains claims that require expertise from different Technology Centers (TCs). According to MPEP 705.01: “When an application comes up for any action and the primary examiners involved (i.e., from both the requesting and…
Read MoreWhat is a Patentability Report in patent examination?
A Patentability Report is a specialized practice in patent examination where multiple examiners with different expertise collaborate on examining an application with plural, indivisible inventions. According to MPEP 705.01(e): Patentability Report practice is based on the proposition that when plural, indivisible inventions are claimed, in some instances either less time is required for examination, or…
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