Are copies of U.S. patents and patent application publications required in reexamination requests?
Generally, copies of U.S. patents and U.S. patent application publications are not required to be submitted with reexamination requests. The MPEP 2218 states: “The requirement for the submission of a copy of every patent or printed publication relied upon or referred to in the request, pursuant to 37 CFR 1.510(b)(3), is waived to the extent…
Read MoreWhat qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior art: U.S. patents U.S. patent application publications WIPO published applications that designate the United States The MPEP specifies: Accordingly, a U.S. patent, a U.S. patent application publication, or a WIPO published application that names another inventor and was effectively filed before the effective filing date…
Read MoreWhat types of documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of patent documents qualify as prior art as of their effective filing date, provided they name another inventor: U.S. patents U.S. patent application publications Certain WIPO published applications As stated in the MPEP, These documents are referred to collectively as “U.S. patent documents.” It’s important to note that…
Read MoreWhat are the different series of U.S. patents?
The different series of U.S. patents include: X-Series: Approximately 10,000 patents issued between 1790 and July 4, 1836. 1836 Series: Mechanical, electrical, and chemical patents issued since 1836, often called “utility” patents. Reissue Series: Reissue patents, numbered with “Re.” prefix. A.I. Series: Patents for Additional Improvements issued from 1838 to 1861. Plant Patent Series: Patents…
Read MoreWhat are the kind codes for U.S. patent publications?
U.S. patent publications use specific kind codes to indicate the type and status of a document. According to MPEP 901.04(a): A1: Patent Application Publication A2: Republished Patent Application Publication A9: Corrected Patent Application Publication B1: Utility Patent B2: Utility Patent (issued after reexamination) C1, C2, C3, etc.: Reexamination Certificate E1: Reissue Patent H1: Statutory Invention…
Read MoreHow are U.S. patents and patent application publications coded according to WIPO standards?
According to MPEP 1851, U.S. patents and patent application publications are coded as follows: U.S. patents published before January 2, 2001: Code A documents U.S. patents published on or after January 2, 2001: Code B documents Patent Application Publications (first published on March 15, 2001): Code A documents Reexamination certificates published before January 2, 2001:…
Read MoreHow do kind codes differ between U.S. and foreign patent documents?
Kind codes for U.S. and foreign patent documents differ in their specific designations and meanings. The MPEP 901.04(a) states: “It is noted that many foreign patent documents, as well as U.S. patent documents, are not sent to a printer for printing of the second level kind codes. The kind codes printed on these documents are…
Read MoreWhat is the significance of canceled matter in U.S. patent files?
Canceled matter in U.S. patent files has specific implications for prior art considerations: Canceled matter in the application file of a U.S. patent or U.S. application publication is not considered a proper reference as of the filing date under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e). However, canceled matter can be used as prior…
Read MoreWhat do the kind codes ‘C1’, ‘C2’, and ‘C3’ represent in U.S. patent documents?
The kind codes ‘C1’, ‘C2’, and ‘C3’ are used for specific types of U.S. patent documents. According to MPEP 901.04(a): “C1” – Reexamination certificate issued after the first reexamination proceeding “C2” – Reexamination certificate issued after the second reexamination proceeding “C3” – Reexamination certificate issued after the third reexamination proceeding These kind codes are important…
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