What is the purpose of MPEP 715.01(a)?

MPEP 715.01(a) provides guidance on how to handle situations where a reference (patent or published application) names a different inventive entity with at least one common inventor compared to the application under examination. It specifically addresses how to overcome rejections based on such references using affidavits or declarations. The section states: When subject matter disclosed…

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How does MPEP 704 define a ‘reasonable search’ for prior art?

MPEP 704 provides guidance on what constitutes a ‘reasonable search’ for prior art during patent examination. According to MPEP 704.01: “In determining the scope of a reasonable search, examiners should consider the guidance provided in MPEP § 904 to § 904.03.” A reasonable search typically includes: Searching relevant patent databases Reviewing non-patent literature Considering foreign…

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What is the role of affidavits in challenging the operability of a prior art reference?

What is the role of affidavits in challenging the operability of a prior art reference? Affidavits can play a crucial role in challenging the operability of a prior art reference. According to MPEP 716.07, “Where the affidavit or declaration presented asserts inoperability in features of the reference which are not relied upon, the reference is…

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