What activities can be applied against patent claims under MPEP 715.01(d)?
According to MPEP 715.01(d), activities showing that the claimed invention was used or known prior to the filing date of the application can be applied against patent claims, unless they constitute a statutory bar. Specifically, the MPEP states: “Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on…
Read MoreWhat types of activities can be used against claims in patent applications?
According to MPEP 715.01(d), various types of activities can be used against claims in patent applications. These include: Public use Sales Publications Patents Abandoned applications Statutory invention registrations (SIRs) The MPEP states: ‘The rejection may be based on activities by the inventor(s) or a different inventive entity.’ This means that both the applicant’s own activities…
Read MoreWhat types of activities can be used against claims in a patent application?
According to MPEP 715.01(d), various activities can be used against claims in a patent application. These include: Public use Sales Publications Patents Abandonment The MPEP states: ‘The 1-year grace period in pre-AIA 35 U.S.C. 102(b) is measured from the filing date to which the application is entitled (United States filing date or foreign priority date)…
Read MoreWhat is an Accelerated Examination Support Document?
An Accelerated Examination Support Document is a critical component of the Accelerated Examination process. It must include: An information disclosure statement citing the most closely related prior art An identification of all limitations in the claims that are disclosed by the cited references A detailed explanation of patentability over the cited references A concise statement…
Read MoreWhat are Abstracts, Abbreviatures, and Defensive Publications in patent law?
Abstracts, Abbreviatures, and Defensive Publications are historical forms of patent-related publications that were used to disclose inventions without pursuing a full patent: Abstracts: Summaries of abandoned applications, published from 1949 to 1953. Abbreviatures: Specific portions of abandoned applications, published from 1964 to 1965. Defensive Publications: Abstracts of pending applications where the applicant waived rights to…
Read MoreWhat is the significance of abandoned applications in patent examination?
Abandoned applications can play a significant role in patent examination. According to MPEP 715.01(d), abandoned applications are included in the list of activities that can be used against claims in a patent application. Specifically: An abandoned application may serve as prior art under 35 U.S.C. 102(a)(2) if it was published or deemed published. The content…
Read MoreCan an abandoned application be used as a reference against other applications?
Can an abandoned application be used as a reference against other applications? Yes, an abandoned application can be used as a reference against other applications under certain circumstances. The MPEP 711.02(b) states: “An abandoned application, whether abandoned by operation of law or expressly abandoned by the applicant, is available as prior art under 35 U.S.C.…
Read MoreWhat is the purpose of 37 CFR 1.131(c)?
37 CFR 1.131(c) provides a mechanism to disqualify certain prior art in patent applications or patents under reexamination. Specifically, it addresses situations where: A claim is rejected under 35 U.S.C. 103 (as in effect on March 15, 2013) The rejection is based on a U.S. patent or U.S. patent application publication that is not prior…
Read MoreWhat must be shown in a 37 CFR 1.131(a) affidavit or declaration?
A 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim. According to MPEP 715.02: The 37 CFR 1.131(a) affidavit or declaration must establish possession of either the whole invention claimed or something falling within the claim (such as a species of a claimed…
Read MoreCan a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date?
No, a declaration under 37 CFR 1.130(a) cannot be used for disclosures made more than one year before the effective filing date of the claimed invention. This limitation is clearly stated in MPEP 717.01(a): ‘The provisions of 37 CFR 1.130(a) are not available if the rejection is based upon a disclosure made more than one…
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