What is the difference between AIA and pre-AIA patent laws regarding prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The America Invents Act (AIA) significantly changed the definition and scope of prior art…
Read MoreHow does the America Invents Act (AIA) affect the examination of reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The America Invents Act (AIA) introduced changes to the determination…
Read MoreHow are abstracts and abbreviatures used in patent searching?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 7 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Abstracts and abbreviatures are important tools in patent searching, as…
Read MoreWhat is the status of abandoned applications as prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 1 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Abandoned applications can serve as prior art under certain conditions: If…
Read MoreWhat is the significance of 37 CFR 1.104(a)(1) in relation to MPEP 901?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 4 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 901 specifically references 37 CFR 1.104(a)(1), indicating its importance…
Read MoreWhat is considered ‘material’ information in a patent file wrapper?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. ‘Material’ information in a patent file wrapper refers to data…
Read MoreCan a 37 CFR 1.130(a) declaration be used for all types of prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a 37 CFR 1.130(a) declaration cannot be used for…
Read MoreAre there situations where 37 CFR 1.130(a) declarations are not available?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, there are situations where declarations under 37 CFR 1.130(a) are not available. The…
Read MoreCan a 37 CFR 1.131(a) affidavit be used to overcome all types of prior art references?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a 37 CFR 1.131(a) affidavit cannot be used to…
Read MoreWhat is the effect of a Joint Research Agreement on patent rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A Joint Research Agreement (JRA) can affect patent rejections in…
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