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,…

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How 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…

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How 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…

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