What are the main conditions for granting a patent?
The main conditions precedent to the grant of a patent are set forth in 35 U.S.C. 101, 102, 103, and 112. These sections outline the requirements for: Patentable subject matter (§101) Novelty (§102) Non-obviousness (§103) Specification and claims (§112) An invention must meet all these conditions to be granted a patent. To learn more: patent…
Read MoreWhat happens if I no longer qualify for micro entity status?
If you no longer meet the requirements for micro entity status, you must notify the USPTO and adjust your fee payments accordingly. The MPEP 509.04(d) states: ‘If any requirement for micro entity status is no longer met, then the applicant must notify the Office of loss of micro entity status and pay the required fee…
Read MoreWhat happens if a letter of abandonment is received after a patent application is allowed?
When a letter of abandonment is received after a patent application has been allowed, it is handled by the Publishing Division of the USPTO. As stated in MPEP 711.05: Receipt of a letter of abandonment while an application is allowed is acknowledged by the Publishing Division. This means that the Publishing Division will process the…
Read MoreCan large demonstrations or exhibits be viewed outside the USPTO office?
Yes, large demonstrations or exhibits that cannot be brought into the USPTO office can be viewed by the examiner outside of the Office. The MPEP states: Demonstrations of apparatus or exhibits too large to be brought into the Office may be viewed by the examiner outside of the Office (in the Washington, D.C. area) with…
Read MoreWhat is the definition of ‘inventor’ under the AIA?
The America Invents Act (AIA) defines ‘inventor’ in 35 U.S.C. 100(f) as follows: The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. This definition emphasizes that inventors must be individuals, not corporations or other entities. It also acknowledges the possibility…
Read MoreWhat is the difference between abandonment of an invention and abandonment of a patent application?
The MPEP 711 makes an important distinction between abandonment of an invention and abandonment of a patent application. As stated in the MPEP: “Abandonment may be either of the invention or of an application. This discussion is concerned with abandonment of the application for patent.” Here’s the difference: Abandonment of an invention: This refers to…
Read MoreHow is the term ‘invention’ defined in patent law?
The term ‘invention’ is defined in 35 U.S.C. 100(a) as follows: The term “invention” means invention or discovery. This definition is broad and encompasses both new creations and discoveries of previously unknown phenomena or properties. It’s important to note that while the term includes discoveries, not all discoveries are patentable. The invention must still meet…
Read MoreWhat are ‘inter partes questions’ in patent examination?
‘Inter partes questions’ in patent examination refer to issues or matters that involve multiple parties or have the potential to affect multiple parties’ interests. These questions typically arise in proceedings where there are opposing parties, such as in patent interferences or inter partes reexaminations. The MPEP 713.06 prohibits examiners from discussing such questions ex parte:…
Read MoreIs increasing the number of claims in a response considered not fully responsive?
Increasing the number of claims in a response to a second or subsequent non-final action on the merits is not, by itself, a reason to consider the response not fully responsive. The MPEP states: An amendment submitted after a second or subsequent non-final action on the merits which is otherwise responsive but which increases the…
Read MoreHow are incomplete replies to a Requirement for Information treated?
Incomplete replies to a Requirement for Information under 37 CFR 1.105 are handled similarly to amendments that are not fully responsive to a non-final Office action. The MPEP states, An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not…
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