How does the USPTO determine if a long-felt need existed before an invention?
How does the USPTO determine if a long-felt need existed before an invention? The USPTO determines if a long-felt need existed before an invention by considering several factors: Duration of the need: The need must have been a persistent one that was recognized and existed for a long time before the invention. Efforts to solve:…
Read MoreHow does the USPTO balance full disclosure and protection of sensitive information?
The USPTO strives to maintain a balance between full disclosure of material information and protection of sensitive data. MPEP 724.01 states: The Office attempts to minimize the potential conflict between full disclosure of ‘material’ information as required by 37 CFR 1.56 and protection of trade secret, proprietary, and protective order material to the extent possible.…
Read MoreWhat is the process for making an application special based on manufacture?
What is the process for making an application special based on manufacture? The USPTO allows for applications to be made special based on manufacture under certain conditions. MPEP 708.02(VI) outlines this process: ‘An application may be made special on the ground of prospective manufacture upon filing a petition to make special accompanied by the fee…
Read MoreWhat types of inventions are considered patentable?
According to 35 U.S.C. 101, patentable inventions include: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. This statute outlines four main categories of patentable subject matter: processes,…
Read MoreWhat types of information can be requested in a requirement for information?
A requirement for information under 37 CFR 1.105 can request various types of information, including: Citations and copies of individual art references Identification of whole collections of art Answers to specific questions Factual information known to the applicant Information about the existence of specific documents Stipulations of facts The MPEP provides specific form paragraphs for…
Read MoreWhat are the main types of non-prior art rejections in patent examination?
The MPEP 706.03 outlines several types of rejections not based on prior art that may occur during patent examination. These include: Non-statutory subject matter (35 U.S.C. 101) – See MPEP 2106 Lack of utility (35 U.S.C. 101) – See MPEP 2107 Subject matter barred by the Atomic Energy Act – See MPEP 2104.01 Subject matter…
Read MoreWhat types of information can be requested in a requirement for information?
A requirement for information under 37 CFR 1.105 can request various types of information, including: Citations and copies of individual art references Identification of whole collections of art Answers to specific questions Stipulations of facts Information about the existence of specific documents or other pieces of information Lists of keywords for searching Citations to electronically…
Read MoreHow many submissions are allowed under the Transitional After-Final Practice?
The Transitional After-Final Practice allows for up to two submissions after a final rejection. According to MPEP 706.07(g): An applicant whose application is eligible for the transitional further limited examination procedure set forth in 37 CFR 1.129(a) is entitled to consideration of two after final submissions. However, it’s important to note: If such an applicant…
Read MoreWhat can be included in a submission under the Transitional After-Final Practice?
A submission under the Transitional After-Final Practice can include various types of information and amendments. According to MPEP 706.07(g): The submission under 37 CFR 1.129(a) may comprise, but is not limited to, an information disclosure statement (IDS), an amendment to the written description, claims or drawings, a new substantive argument and/or new evidence in support…
Read MoreHow does the Transitional After-Final Practice affect the treatment of Information Disclosure Statements (IDS)?
The Transitional After-Final Practice affects how Information Disclosure Statements (IDS) are treated. According to MPEP 706.07(g): In view of the fee set forth in 37 CFR 1.17(r), any (IDS) previously refused consideration in the application because of applicant’s failure to comply with 37 CFR 1.97(c) or (d) will be treated as though it has been…
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