What are the key steps in the patent examination process?

The patent examination process involves several key steps as outlined in MPEP 2103: Determining what invention is sought to be patented: This involves analyzing the claims to understand the subject matter. Conducting a thorough search of the prior art: Examiners search for relevant prior art that may affect patentability. Determining whether the invention satisfies the…

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Can examiners perform additional prior art searches during reexamination?

Yes, examiners can perform additional prior art searches during reexamination, but with certain limitations. MPEP 2244 states: “If the examiner believes that additional prior art patents and publications can be readily obtained by searching to supply any deficiencies in the prior art cited in the request, the examiner can perform such an additional search. Such…

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What is the role of the examiner in ex parte reexamination?

What is the role of the examiner in ex parte reexamination? The examiner plays a crucial role in ex parte reexamination, with responsibilities including: Conducting a thorough search of the prior art relevant to the patent under reexamination. Examining the patent claims in light of the cited prior art and any newly discovered references. Making…

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When can an examiner perform additional prior art searches for reexamination?

An examiner can perform additional prior art searches for reexamination under specific circumstances. MPEP 2644 provides guidance on this: “If the examiner believes that additional prior art patents and publications can be readily obtained by searching to supply any deficiencies in the prior art cited in the request, the examiner can perform such an additional…

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What is a Supplementary International Search (SIS)?

A Supplementary International Search (SIS) is an optional service in the Patent Cooperation Treaty (PCT) process that allows additional searches to be performed by a Supplementary International Searching Authority (SISA) during the international phase, in addition to the search performed by the main International Searching Authority (ISA). According to the MPEP, Requesting supplementary international search…

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What is the Scientific and Technical Information Center (STIC)?

The Scientific and Technical Information Center (STIC) is a resource for patent examiners located at the Remsen Building in Alexandria, VA. As stated in the MPEP 901.06(a): “The main Scientific and Technical Information Center (STIC) is located at the Remsen Building, Room 1D58, 400 Dulany Street, Alexandria, VA 22314. STIC maintains Electronic Information Centers (EICs)…

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What are variant embodiments within the scope of a claim?

Variant embodiments within the scope of a claim refer to potential versions or interpretations of an invention that are not explicitly disclosed in the patent application but fall within the breadth of the claim language. According to MPEP 904.01(a), these variants “would anticipate or render obvious the claimed invention if found in a reference.” It’s…

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