What are the guidelines for Internet searching in patent examination?
The USPTO has established guidelines for Internet searching during patent examination, as outlined in the Manual of Patent Examining Procedure (MPEP). Key points include: The Internet is an approved search tool for patent examiners. Searches for unpublished applications must be limited to the general state of the art to protect confidential information. For published applications,…
Read MoreWhere can I find guidance on Statutory Invention Registration (SIR) requests filed before March 16, 2013?
For guidance on Statutory Invention Registration (SIR) requests filed before March 16, 2013, you should refer to the ninth revision of the Eighth Edition of the MPEP published in August 2012. As stated in MPEP 1101: “Guidance on requests filed before March 16, 2013 may be found in the ninth revision of the Eighth Edition…
Read MoreWhat are the file naming conventions for ASCII plain text submissions in patent applications?
According to MPEP 608.05, the file naming conventions for ASCII plain text submissions in patent applications are as follows: File names must be limited to 60 characters or less. Only alphanumeric characters, hyphens, and underscores are allowed. Spaces should not be used in file names. The file name should clearly indicate the content and purpose…
Read MoreHow should patent examiners document their Internet search strategies?
Patent examiners are required to document their Internet search strategies according to established practices and procedures. The MPEP provides guidance on this in Article 10 of the Patent Internet Usage Policy: “All Patent Organization users of the Internet for patent application searches must document their search strategies in accordance with established practices and procedures as…
Read MoreCan a design patent be granted for changeable computer-generated icons?
Yes, a design patent can be granted for changeable computer-generated icons. The MPEP provides guidance on how to handle such applications: “Computer generated icons including images that change in appearance during viewing may be the subject of a design claim. Such a claim may be shown in two or more views. The images are understood…
Read MoreHow should the title be formatted for a design patent involving multiple articles?
When a design patent involves multiple articles, the title must be carefully formatted to reflect the collective nature of the design. According to MPEP 1504.01(b): “When the design involves multiple articles, the title must identify a single entity of manufacture made up by the parts (e.g., set, pair, combination, unit, assembly).” This means that the…
Read MoreCan a design patent protect the process or functionality of a computer-generated icon?
No, a design patent cannot protect the process or functionality of a computer-generated icon. According to MPEP 1504.01(a), design patents for computer-generated icons are limited to the ornamental appearance of the icon: “The following types of computer-generated icons are not considered to be embodied in an article of manufacture: … icons generated by computer programs…
Read MoreHow should multiple articles be depicted in design patent drawings?
When depicting multiple articles in design patent drawings, there are specific guidelines to follow. According to MPEP 1504.01(b): “If the separate parts are shown in a single view, the parts must be shown embraced by a bracket “}”.” This bracket is used to visually indicate that the multiple articles are part of a single design…
Read MoreHow should computer-generated icons be depicted in design patent applications?
The MPEP 1504.01(a) provides specific guidance on how computer-generated icons should be depicted in design patent applications: The icon must be shown as it appears on a computer screen, monitor, or other display panel. The claimed design (the icon) must be depicted in solid lines. Unclaimed portions of the screen or monitor should be shown…
Read MoreWhat are the confidentiality requirements for Internet use by patent examiners?
Patent examiners must adhere to strict confidentiality requirements when using the Internet for patent examination. The MPEP emphasizes: “All use of the Internet by examiners must be conducted in a manner that ensures compliance with confidentiality requirements in the statutes, including 35 U.S.C. § 122, and regulations.” Key confidentiality requirements include: Restricting search queries for…
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