How does the USPTO define “undue experimentation” in patent applications?
The USPTO defines “undue experimentation” in patent applications based on the principle that enablement is not precluded by the necessity for some experimentation. According to MPEP 2164.06: The test is not merely quantitative, since a considerable amount of experimentation is permissible, if it is merely routine, or if the specification in question provides a reasonable…
Read MoreHow does the USPTO define a “process” for patent eligibility?
How does the USPTO define a “process” for patent eligibility? According to MPEP 2106.03, a “process” for patent eligibility is defined as follows: “A process defines ‘actions’, i.e., an invention that is claimed as an act or step, or a series of acts or steps.“ The MPEP further clarifies that a process is not limited…
Read MoreHow does the USPTO define “printed publication” for prior art purposes?
The USPTO’s definition of “printed publication” for prior art purposes is broad and evolving. According to MPEP 2128: “The term “printed publication” refers to such publications as books, magazines, journals, microfilm, computer databases, and Internet publications.” This definition is not limited to traditional printed materials but includes various forms of media that can disseminate information.…
Read MoreHow is “manufacture” defined for patent eligibility purposes?
How is “manufacture” defined for patent eligibility purposes? The term “manufacture” in patent law refers to one of the four categories of statutory subject matter. According to MPEP 2106.03, a manufacture is defined as follows: “A manufacture is a tangible article that is given a new form, quality, property, or combination through man-made or artificial…
Read MoreWhat is the definition of a “machine” in patent law?
What is the definition of a “machine” in patent law? In patent law, a “machine” is one of the four categories of statutory subject matter. The MPEP 2106.03 provides the following definition: “A machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.“ This definition is derived from the…
Read MoreWhat constitutes a “composition of matter” in patent law?
What constitutes a “composition of matter” in patent law? A “composition of matter” is one of the four categories of statutory subject matter in patent law. The MPEP 2106.03 defines it as follows: “A composition of matter is all compositions of two or more substances and all composite articles, whether they be the results of…
Read MoreHow does the USPTO define “subcombination” in the context of patent applications?
How does the USPTO define “subcombination” in the context of patent applications? The USPTO defines a subcombination as follows: “A subcombination is a part of the combination. It may be: A. One or more elements of the combination, without the remainder of the combination (for example, the wheels of a truck or a door lock…
Read MoreHow does the USPTO define a ‘new ground of rejection’ in an Examiner’s Answer?
How does the USPTO define a ‘new ground of rejection’ in an Examiner’s Answer? The USPTO defines a ‘new ground of rejection’ in an Examiner’s Answer based on whether the applicant has had a fair opportunity to react to the thrust of the rejection. According to MPEP 1207.03: “A position or rationale that changes the…
Read MoreHow does the USPTO define ‘closest prior art’ in patent examinations?
The USPTO’s definition of ‘closest prior art’ is not explicitly stated in the MPEP, but it can be inferred from the guidance provided. According to MPEP 716.02(e): ‘In re Blondel, 499 F.2d 1311, 1317, 182 USPQ 294, 298 (CCPA 1974) and In re Fouche, 439 F.2d 1237, 1241-42, 169 USPQ 429, 433 (CCPA 1971) for…
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