What is the “rule of reason” in patent examination regarding inoperative subject matter?
The “rule of reason” in patent examination regarding inoperative subject matter refers to the approach examiners should take when evaluating claims that may include inoperative embodiments. According to MPEP 2164.08(b): “[T]he examiner must evaluate the assertion according to a rule of reason. ‘The rule of reason is applicable to the evaluation of the scope of…
Read MoreWhat is the “rule of reason” in determining conception in patent law?
What is the “rule of reason” in determining conception in patent law? The “rule of reason” is a principle applied by courts when evaluating evidence of conception in patent cases. According to MPEP 2138.04, “An inventor’s testimony, standing alone, is insufficient to prove conception unless it is corroborated, a rule that the courts have recognized…
Read MoreWhat is the “rule of reason” in patent claim multiplicity?
The “rule of reason” in patent claim multiplicity refers to the principle that examiners should use judgment and consider the specific circumstances of each case when evaluating whether claims are unduly multiplied. This concept is derived from case law, as cited in MPEP 2173.05(n): “As noted by the court in In re Chandler, 319 F.2d…
Read MoreHow does the “rule of reason” apply to corroboration of conception in patent cases?
How does the “rule of reason” apply to corroboration of conception in patent cases? The “rule of reason” is an important principle in evaluating corroboration of conception in patent cases. According to MPEP 2138.04: “An evaluation of all pertinent evidence must be made so that a sound determination of the credibility of the inventor’s story…
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