Does an author’s failure to synthesize a compound invalidate it as prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. An author’s failure to synthesize a compound does not automatically…
Read MoreHow should examiners apply legal precedent in obviousness rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 should apply legal precedent in obviousness rejections carefully and…
Read MoreWhat is the significance of “analogous art” in determining enablement for chemical compounds?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. “Analogous art” plays a crucial role in determining enablement for…
Read MoreHow does the AIA affect the relevant time for determining enabling prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 America Invents Act (AIA) has changed the relevant time…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception apply to U.S. patent documents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 AIA 35 U.S.C. 102(b)(2)(A) exception applies broadly to U.S.…
Read MoreWhat is the AIA 35 U.S.C. 102(b)(2)(A) exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 AIA 35 U.S.C. 102(b)(2)(A) exception is a provision in…
Read MoreWhat is the difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. AIA 35 U.S.C. 102(a)(1) and 102(a)(2) define two different categories…
Read MoreHow does AIA 35 U.S.C. 102(d) differ from the Hilmer doctrine?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. AIA 35 U.S.C. 102(d) eliminates the Hilmer doctrine, which was…
Read MoreWhen does the AIA 35 U.S.C. 102(b)(2)(C) exception not remove a U.S. patent document as prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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 AIA 35 U.S.C. 102(b)(2)(C) exception does not always remove…
Read MoreCan admissions be used as a basis for establishing a substantial new question of patentability in ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 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. Admissions, per se, cannot be the sole basis for establishing…
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