What is the difference between anticipation and obviousness in 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. Anticipation and obviousness are two distinct grounds for rejecting a…
Read MoreWhen is a 37 CFR 1.131(a) affidavit appropriate in a patent application?
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 37 CFR 1.131(a) affidavit is appropriate when an applicant…
Read MoreWhen can a requirement for information be made during patent examination?
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 requirement for information under 37 CFR 1.105 can be…
Read MoreWhen is a declaration under 37 CFR 1.130(b) 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. A declaration under 37 CFR 1.130(b) is not available in certain situations. The MPEP…
Read MoreIn what situations are the provisions of 37 CFR 1.130 available 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. According to MPEP 717.01(d), the provisions of 37 CFR 1.130…
Read MoreWhat is ‘swearing behind’ a reference?
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. ‘Swearing behind’ a reference refers to the process of filing…
Read MoreHow does the USPTO handle prior art rejections when the reference names a different inventive entity with at least one common inventor?
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. When the USPTO handles prior art rejections where the reference…
Read MoreHow does the USPTO define ‘prior art’ for patent examination?
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. How does the USPTO define ‘prior art’ for patent examination?…
Read MoreHow does the USPTO handle prior art references with both operable and inoperable features?
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 USPTO has a specific approach to handling prior art…
Read MoreHow does the USPTO handle prior art submitted by applicants?
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 USPTO has specific procedures for handling prior art submitted…
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