What types of evidence can be used to rebut an obviousness rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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 MPEP outlines several types of evidence that can be…
Read MoreHow can inventors overcome an obviousness rejection based on Art Recognized Suitability?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 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. Inventors facing an obviousness rejection based on Art Recognized Suitability…
Read MoreHow do ‘intermediate range’ cases affect unexpected results arguments in patents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. ‘Intermediate range’ cases present unique challenges when arguing for unexpected…
Read MoreWhat is the importance of demonstrating criticality of a claimed range?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Demonstrating the criticality of a claimed range is crucial in…
Read MoreHow many examples are needed to demonstrate superiority for nonobviousness in patents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. When it comes to demonstrating superiority to support nonobviousness in…
Read MoreHow do examiners balance expected and unexpected results in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Patent examiners must carefully balance expected and unexpected results when…
Read MoreCan evidence of unexpected results be presented after filing a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Yes, evidence of unexpected results can be presented after filing…
Read MoreHow can an applicant demonstrate unexpected results for a broad claim range?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. To demonstrate unexpected results for a broad claim range, an…
Read MoreHow can an applicant demonstrate unexpected results?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. To demonstrate unexpected results, an applicant should: Compare the claimed…
Read MoreHow can an applicant demonstrate unexpected results in a 37 CFR 1.132 affidavit?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Demonstrating unexpected results in a 37 CFR 1.132 affidavit can…
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