What is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448: “Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct,…
Read MoreHow is the elected invention determined in a patent application?
The elected invention in a patent application is determined by the claims that were originally presented and acted upon by the USPTO on their merits. MPEP 818.02(a) states: “The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request…
Read MoreHow does the patentability report process work within the USPTO?
The patentability report process within the USPTO involves several steps: The primary examiner identifies the need for a patentability report. A request is sent to the appropriate Technology Center Director. The Director assigns the report to an examiner with relevant expertise. The assigned examiner prepares the report, focusing on specific claims or aspects of the…
Read MoreHow does the USPTO determine if material is ‘new matter’ in a patent application?
How does the USPTO determine if material is ‘new matter’ in a patent application? The USPTO determines if material is ‘new matter’ by comparing the content of the application as originally filed with any subsequent amendments or additions. According to MPEP 608.04(a): In establishing new matter, the examiner must find that the subject matter is…
Read MoreHow are models, exhibits, or specimens handled in patent applications?
Models, exhibits, or specimens are generally not admitted as part of a patent application, but they may be required during the prosecution process. The MPEP states: “A model, exhibit, or specimen is normally not admitted as part of the application, although it may be required in the prosecution of the application (37 CFR 1.91 and…
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