How are references handled in continuation applications?

In continuation applications, the handling of references is crucial, especially when significant prior art is on record in the parent case. MPEP 1302.12 provides guidance on this matter: In the rare instance where no art is cited in a continuation application, all the references cited during the prosecution of the parent application will be listed…

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What is the purpose of a top-up search in international preliminary examination?

A top-up search is conducted by the International Preliminary Examining Authority (IPEA) to identify additional prior art that has been published or become available after the establishment of the international search report. The main purpose is to discover intermediate prior art, such as patent applications published after the filing or valid priority date of the…

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What is the purpose of a search strategy in patent examination?

A search strategy in patent examination serves several important purposes: To identify the most relevant prior art for determining patentability To ensure a comprehensive and efficient search process To guide the examiner through various search resources To document the search process for future reference According to MPEP 904, “In the examination of an application for…

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What is the purpose of a patent search?

What is the purpose of a patent search? The primary purpose of a patent search is to determine the state of the prior art in a particular field of technology. According to MPEP 904.02, “The purpose of a search is to discover the most relevant prior art.” This involves: Identifying existing patents and published applications…

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What is the purpose of MPEP 901.05(d) – Translation?

MPEP 901.05(d) – Translation provides guidance on handling foreign language prior art documents in patent examination. Its main purposes are: To ensure examiners can access and understand relevant prior art in foreign languages To outline procedures for obtaining translations of foreign documents To clarify when machine translations are acceptable for use in patent examination As…

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