What is the rebuttable presumption of identity in patent law?
The rebuttable presumption of identity in patent law refers to the USPTO’s assumption that a replacement deposit is identical to the original deposit. This concept is explained in MPEP 2407.04: “37 CFR 1.805(e) indicates that the Office will apply a rebuttable presumption of identity between the replacement deposit and an original deposit where a patent…
Read MoreHow does the use of “means” or “step” in a claim affect its interpretation?
The use of “means” or “step” in a claim can significantly affect its interpretation under 35 U.S.C. 112(f). According to the MPEP ยง 2187, the presence or absence of these terms creates rebuttable presumptions regarding the application of 35 U.S.C. 112(f): Use of “means” or “step”: Creates a rebuttable presumption that the claim limitation is…
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