What factors are considered for making a requirement for information prior to the first action on the merits?
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. According to MPEP 704.11(b), several factors are considered when determining…
Read MoreCan an examiner require information about prior art cited in an information disclosure statement (IDS)?
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. Yes, an examiner can require information about prior art cited…
Read MoreHow does the effective filing date affect prior art 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. The effective filing date of a claimed invention is crucial…
Read MoreHow is the effective date of a printed publication determined for 37 CFR 1.131(a) purposes?
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. For the purposes of 37 CFR 1.131(a) affidavits or declarations,…
Read MoreWhat happens if an applicant disqualifies a reference under AIA 35 U.S.C. 102(b)(2)(C) but the reference still qualifies as prior art under AIA 35 U.S.C. 102(a)(1)?
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. Even if an applicant successfully disqualifies a reference under AIA…
Read MoreWhat is the significance of ‘different inventive entity’ in MPEP 715.01(a)?
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. The concept of ‘different inventive entity’ is crucial in MPEP…
Read MoreHow does a declaration under 37 CFR 1.130(a) differ from one under 37 CFR 1.132?
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 declaration under 37 CFR 1.130(a) is specifically used for…
Read MoreWhat is the difference between prior art under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2)?
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. The distinction between prior art under 35 U.S.C. 102(a)(1) and…
Read MoreWhat is the difference between 37 CFR 1.131(a) and 37 CFR 1.132 affidavits in patent applications?
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. The main difference between 37 CFR 1.131(a) and 37 CFR…
Read MoreWhat is derivation in the context of pre-AIA patent law?
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. In the context of pre-AIA patent law, derivation refers to…
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