Can USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?
No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to…
Read MoreShould additional electronic copies be delivered to USPTO examiners?
No, additional electronic copies should not be delivered to USPTO examiners or other Office personnel. The MPEP 2433 explicitly states: “In no circumstances should additional or complimentary electronic copies be delivered to examiners or other Office personnel.” This instruction ensures that all submissions are processed through the proper channels and prevents confusion or potential conflicts…
Read MoreWho is responsible for identifying potential material fraud during patent examinations?
Potential material fraud can be identified by various USPTO employees during the examination process. MPEP 2819 provides an example: “If an employee of the Office, such as an examiner in the CRU, becomes aware, during the course of supplemental examination or any reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office…
Read MoreHow do USPTO examiners handle non-English foreign patent documents?
USPTO examiners follow specific procedures when dealing with non-English foreign patent documents: They may rely on abstracts or machine translations for initial screening If a document appears relevant, they can request a human translation English language abstracts or translations are considered along with the original document The MPEP states: “The examiner should cite the translation…
Read MoreHow do USPTO examiners cite foreign patent documents?
USPTO examiners cite foreign patent documents according to specific guidelines outlined in the MPEP. The citation should include: The country or patent office that issued the document The identifying number of the document The date of publication of the document For example: “German Patent No. DD 867,898, Jul. 5, 1952, Name of Patentee, Title of…
Read MoreWhat is the significance of the International Patent Classification (IPC) in USPTO examinations?
The International Patent Classification (IPC) plays a crucial role in USPTO examinations, particularly for foreign patent documents. Its significance includes: Providing a standardized classification system for patent documents worldwide Facilitating efficient prior art searches across different patent offices Enabling examiners to locate relevant foreign patent documents more easily The MPEP notes: “Documents published by the…
Read MoreWhat are the main sources of foreign patent documents for USPTO examiners?
USPTO examiners have access to various sources of foreign patent documents, including: Digests of foreign patent documents Abstracts of foreign patent documents Photographic and photostatic copies of entire foreign patent documents The MPEP states: “In general, these foreign patent documents provide a source of technological teachings and prior art accessible to the examiner.” (Source: MPEP…
Read MoreHow do USPTO examiners obtain title reports?
USPTO examiners have a specific internal process for obtaining title reports when needed. The MPEP outlines this process: Examiners may obtain a title report using the PALM Intranet (select “General Information,” insert the appropriate application number, select “Search,” select “Assignments”). The screen resulting from the search may be printed to yield the copy of the…
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