How are Defensive Publications cited as prior art?
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. Defensive Publications are cited as prior art under specific conditions: They are considered printed…
Read MoreWhat is the difference between a Defensive Publication and a patent application publication?
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. A Defensive Publication is distinct from a patent application publication in several ways: It…
Read MoreHow does a declaration of attribution under 37 CFR 1.130(a) work?
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 of attribution under 37 CFR 1.130(a) is used…
Read MoreWhat date must be overcome in a 37 CFR 1.131(a) affidavit or declaration?
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. When filing an affidavit or declaration under 37 CFR 1.131(a), the date that must…
Read MoreWhat is the relationship between conception and diligence in patent law?
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. In patent law, there is a crucial relationship between conception and diligence. According to…
Read MoreHow does common ownership affect rejections under pre-AIA 35 U.S.C. 102(e)/103?
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. Common ownership can have a significant impact on rejections under…
Read MoreWhat are the most common grounds for rejection in patent applications?
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. The most frequent grounds for rejection in patent applications are based on prior art.…
Read MoreHow should examiners handle the citation of references in Office actions?
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. Examiners must follow specific guidelines when citing references in Office…
Read MoreWhat circumstances can lead to the rejection of a previously allowed patent claim?
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 rejection of a previously allowed patent claim is an…
Read MoreCan an applicant’s own activities be used against their patent claims?
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 applicant’s own activities can be used against their…
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