How do USPTO examiners handle non-English foreign patent documents?

USPTO examiners follow specific procedures when dealing with non-English foreign patent documents: They may rely on abstracts or machine translations for initial screening If a document appears relevant, they can request a human translation English language abstracts or translations are considered along with the original document The MPEP states: “The examiner should cite the translation…

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How do USPTO examiners cite foreign patent documents?

USPTO examiners cite foreign patent documents according to specific guidelines outlined in the MPEP. The citation should include: The country or patent office that issued the document The identifying number of the document The date of publication of the document For example: “German Patent No. DD 867,898, Jul. 5, 1952, Name of Patentee, Title of…

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Are USPTO employees allowed to accept bounties for identifying prior art?

No, USPTO employees are strictly prohibited from accepting bounties for identifying prior art. The MPEP 1701 clearly states: “No USPTO employee may pursue a bounty offered by a private sector source for identifying prior art. The acceptance of payments from outside sources for prior art search activities may subject the employee to administrative disciplinary action.”…

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How does the USPTO define a “complete search” for patent applications?

The USPTO defines a “complete search” for patent applications as one that covers the disclosed invention and the state of the art as thoroughly as possible within reasonable time and with reasonable effort. According to MPEP 904.02: “The U.S. Patent and Trademark Office has traditionally attempted to provide the most thorough search possible within the…

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What types of references should examiners consider during a patent search?

Patent examiners should consider a wide range of references during their search to ensure a comprehensive examination. The MPEP 904.03 states: In all references considered, including NPL, foreign patents, and domestic patents, the examiner should study the specification or description sufficiently to determine the full value of the reference disclosure relative to the claimed or…

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How does the STIC assist with foreign patent searches?

The Scientific and Technical Information Center (STIC) plays a crucial role in assisting patent examiners with foreign patent searches. According to MPEP 901.06(a): “STIC staff can assist examiners in searching the foreign patent databases.” This service is particularly valuable because: It provides access to patent documents from various countries It helps overcome language barriers in…

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What is the Statutory Invention Registration (SIR) Program?

The Statutory Invention Registration (SIR) Program was a system that replaced the former Defensive Publication Program, effective May 8, 1985. It was established under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297. As stated in MPEP 1513: “The Statutory Invention Registration (SIR) Program applies to utility, plant, and design applications.” This program…

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