What evidence is required to demonstrate ‘failure of others’ in patent applications?
To demonstrate ‘failure of others’ in a patent application, applicants must provide evidence that others have attempted to solve the problem but were unsuccessful. The MPEP 716.04 states: ‘The failure to solve a long-felt need may be due to factors such as lack of interest or lack of appreciation of an invention’s potential or marketability.’…
Read MoreWhat are the requirements for a complete request for prioritized examination?
A complete request for prioritized examination must include: Certification and request form PTO/AIA/424 Required fees (prioritized examination fee, processing fee, and regular filing fees) Application must contain or be amended to contain no more than 4 independent claims and 30 total claims, and no multiple dependent claims Must be filed via the USPTO’s electronic filing…
Read MoreWhat are the requirements for conducting video conference interviews in patent applications?
What are the requirements for conducting video conference interviews in patent applications? Video conference interviews in patent applications must adhere to specific requirements set by the USPTO. According to MPEP 713.01(III): “Video conferencing is available for interviews. All video conferencing interviews must be hosted by USPTO personnel. If applicant wishes to host a video conference…
Read MoreWhat are the rules for submitting working models with patent applications?
What are the rules for submitting working models with patent applications? The rules for submitting working models with patent applications are outlined in MPEP 713.08 and MPEP 608.03. Key points include: Working models are not required in most cases. The USPTO may require a working model under 37 CFR 1.91 if deemed necessary. If submitted,…
Read MoreWhat are the requirements for a valid express abandonment of a patent application?
For a valid express abandonment of a patent application, the following requirements must be met: The abandonment must be in writing and signed by a party authorized to sign the application. The written abandonment must identify the application number and include a statement of intent to abandon the application. The abandonment must be filed in…
Read MoreWhat are the requirements for recording non-English assignment documents at the USPTO?
According to MPEP 302.02, non-English assignment documents can only be accepted and recorded by the USPTO if they are accompanied by an English translation. The MPEP states: The Office will accept and record non-English language documents only if accompanied by an English translation signed by the individual making the translation. This means that inventors, assignees,…
Read MoreWhat are the current USPTO requirements for patent drawings?
The USPTO has specific requirements for patent drawings, but they have become more flexible in recent years. According to MPEP 608.02(i), “Drawings that do not comply with all of the form requirements of 37 CFR 1.84 may be acceptable for the purposes of publication and examination if the drawings are readable and reproducible for publication…
Read MoreWhen are annotated sheets required for patent drawing changes?
Annotated sheets are required for patent drawing changes in specific circumstances. According to MPEP 608.02(v), annotated sheets are necessary “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough.” However, the MPEP also notes that “Ordinarily, broken lines…
Read MoreCan small entity status be changed during the patent process?
Can small entity status be changed during the patent process? Yes, small entity status can be changed during the patent process. The MPEP 509.03 provides guidance on this: “Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or…
Read MoreCan a patent title be changed after filing?
Can a patent title be changed after filing? Yes, a patent title can be changed after filing. The MPEP 606 states: “The title may be amended at any time during the prosecution of the application, and in many instances a change in title may be required by the examiner.” This means that: Applicants can request…
Read More