What is the examiner’s responsibility regarding prior art in continuation, divisional, or continuation-in-part applications?
When an application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner has specific responsibilities regarding prior art. According to MPEP 2001.06(b): “If the application under examination is identified as a continuation, divisional, or continuation-in-part of an earlier application, the examiner will consider the prior art properly cited…
Read MoreWhat additional documents must patent examiners review in related PTAB post-grant proceedings?
Patent examiners are required to review specific documents related to PTAB (Patent Trial and Appeal Board) post-grant proceedings. The MPEP states: The examiner must also review the file wrapper history and prior art contained in certain proceedings and specific documents in related PTAB post-grant proceedings. This requirement ensures that examiners consider relevant information from PTAB…
Read MoreHow do patent examiners handle prior art from parent applications in continuing applications?
When examining continuing applications, patent examiners must review the parent applications for pertinent prior art. The MPEP provides specific guidance on this matter: In all continuing applications, the parent applications must be reviewed by the examiner for pertinent prior art. The examiner must consider prior art which was cited and considered in the parent application.…
Read MoreHow does an examiner indicate consideration of an Information Disclosure Statement?
When an examiner considers an Information Disclosure Statement (IDS), they indicate their consideration in specific ways: Traditionally, the examiner places their initials adjacent to the citations on the PTO/SB/08 form or its equivalent. An alternative electronic signature method may also be used, where: Examiners no longer initial each reference citation considered. Citations not considered are…
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