What is the significance of “reasonably conveyed” in prior art analysis?
What is the significance of “reasonably conveyed” in prior art analysis? The concept of “reasonably conveyed” is crucial in prior art analysis for patent examinations. According to MPEP 2136.02: “Subject matter that is prior art under 35 U.S.C. 102(a)(2) based on an earlier effective filing date than the application under examination is available as prior…
Read MoreHow do patent examiners apply the concept of implicit disclosure?
Patent examiners apply the concept of implicit disclosure by considering both the explicit teachings of a reference and the reasonable inferences that a person skilled in the art would draw from it. As stated in MPEP 2144.01, examiners should take into account “not only specific teachings of the reference but also the inferences which one…
Read MoreHow does implicit disclosure affect the novelty and obviousness of an invention?
Implicit disclosure plays a crucial role in determining the novelty and obviousness of an invention. When examining prior art, patent examiners consider both explicit teachings and implicit disclosures. As per MPEP 2144.01, “it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the…
Read MoreWhat is the difference between explicit and implicit disclosure in patent law?
In patent law, there’s an important distinction between explicit and implicit disclosure: Explicit disclosure refers to information directly stated or clearly expressed in a reference. It’s the straightforward, unambiguous content of the prior art. Implicit disclosure refers to information that, while not explicitly stated, can be reasonably inferred from the reference by a person skilled…
Read MoreHow can patent applicants address potential implicit disclosures in prior art?
Patent applicants should be aware of potential implicit disclosures in prior art and address them proactively. Here are some strategies: Thorough prior art search: Conduct a comprehensive search to identify not just explicit teachings but also potential implicit disclosures. Analyze from an expert’s perspective: Consider the prior art from the viewpoint of ‘one skilled in…
Read MoreHow do patent examiners determine what constitutes an equivalent?
Patent examiners determine equivalents based on the guidance provided in the MPEP and relevant case law. While MPEP 904.01(b) doesn’t provide specific criteria, it refers to other sections for more detailed guidance: “See MPEP § 2181 – § 2184 for a discussion of equivalents when a claim employs means or step plus function terminology.” Generally,…
Read MoreWhat should patent examiners include about references not used for rejection?
When dealing with references that are not used as a basis for rejection, patent examiners are advised to provide brief information about their relevance. MPEP 707.05(c) recommends: It is recommended that the pertinent features of references which are not used as a basis for rejection be pointed out briefly. This practice helps applicants understand the…
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