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 § 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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