How does non-functional printed matter affect the patentability of product claims?
Non-functional printed matter does not distinguish a claimed product from an otherwise identical prior art product. This principle is explained in MPEP 2112.01(III): “Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not…
Read MoreWhat is the significance of functional relationships between printed matter and the product in patent claims?
The functional relationship between printed matter and the product is crucial in determining the patentability of claims involving printed matter. According to MPEP 2112.01(III), the key question is: “[T]he critical question is whether there exists any new and unobvious functional relationship between the printed matter and the substrate.” In re Gulack, 703 F.2d 1381, 1385-86,…
Read MoreWhat are examples of abstract ideas “having no particular concrete or tangible form”?
The category of abstract ideas “having no particular concrete or tangible form” is a catch-all category for abstract ideas that don’t fit neatly into the other three categories (mathematical concepts, certain methods of organizing human activity, and mental processes) as described in MPEP 2106.04(a). While the MPEP doesn’t provide an exhaustive list, it does offer…
Read MoreWhat is the role of publications and printed matter as evidence in patent examination?
What is the role of publications and printed matter as evidence in patent examination? Publications and printed matter play a significant role as evidence in patent examination. The MPEP 716.01(c) provides guidance on their use: To be of probative value, any objective evidence should be supported by actual proof. The arguments of counsel cannot take…
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