How does the MPEP guide examiners on searching related subclasses?
The MPEP provides specific guidance to examiners on searching related subclasses during a classified search. According to MPEP 904.02(a): “The examiner should, on the basis of the disclosed features of the invention, descriptive material, and the field of search suggested by the classification definition, identify the subclasses, and perhaps classes, most likely to contain the…
Read MoreHow does MPEP 904 guide examiners in searching non-patent literature?
MPEP 904 provides guidance on searching non-patent literature (NPL) as part of a comprehensive prior art search. The section emphasizes the importance of NPL in certain fields: “Examiners are also encouraged to independently search other pertinent electronic information sources such as the Internet, project XSearch, and commercial databases.” Key points about NPL searching include: Examiners…
Read MoreHow does the MPEP 901 relate to prior art in patent examination?
MPEP 901 serves as a crucial reference point for understanding the concept of prior art in patent examination. While it doesn’t provide extensive details itself, it directs patent examiners and attorneys to other important sections of the MPEP that elaborate on prior art. The section states: “Note 37 CFR 1.104(a)(1) in MPEP § 707. See…
Read MoreWhen are machine translations acceptable for foreign language documents in patent examination?
Machine translations are generally acceptable for use in patent examination under certain conditions. According to MPEP 901.05(d): “Machine translations are acceptable if the translation is sufficient to determine the relevant features of the document as they relate to the claimed invention.“ However, it’s important to note that: Examiners should review the machine translation to ensure…
Read MoreHow does the International Preliminary Examining Authority (IPEA) handle top-up searches?
The International Preliminary Examining Authority (IPEA) conducts top-up searches as part of the international preliminary examination process. According to MPEP 1860: “The examiner will conduct a top-up search in the course of drawing up the international preliminary examination report… The top-up search should cover all the relevant documents in the search collections of the IPEA,…
Read MoreHow is inventive step evaluated in international patent applications?
Inventive step (also known as non-obviousness) in international patent applications is addressed in MPEP 1878.01(a)(2) and PCT Article 33(3). The MPEP states: “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not,…
Read MoreHow are internet disclosures treated as prior art in international patent searches?
According to MPEP 1843.01, internet disclosures are treated similarly to other written disclosures in international patent searches: Information disclosed on the internet is considered publicly available from the date of public posting Examiners should obtain and cite printouts of relevant internet disclosures The printout should include the URL and publication date of the disclosure Internet…
Read MoreWhat information does an international search report provide?
An international search report is a crucial document produced as a result of the international search process under the Patent Cooperation Treaty (PCT). According to MPEP 1843, the international search report provides valuable information to various stakeholders in the patent process: “The report provides information on the relevant prior art to the applicant, the public,…
Read MoreHow are citations listed in an International Search Report?
Citations in an International Search Report (ISR) are listed according to specific guidelines. As stated in MPEP 1844: “The citation of documents should be in accordance with the Instructions to the International Search Report.” The citations are typically categorized as follows: Category X: Documents of particular relevance alone Category Y: Documents of particular relevance in…
Read MoreHow are international patent applications considered as prior art in the U.S.?
International patent applications can be considered as prior art in the U.S. under specific conditions. MPEP 901.03 states: “A U.S. patent application publication of a National Stage application and a WIPO publication of an international application under PCT Article 21(2) are considered to be prior art under pre-AIA 35 U.S.C. 102(e) as of the international…
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