What is considered “information material to patentability”?
Information material to patentability refers to any information that is relevant to the patentability of an invention. This includes prior art, conflicting applications, and any other information that could affect the novelty, non-obviousness, or utility of the claimed invention. According to 37 CFR 1.56, information is material to patentability when: It establishes, by itself or…
Read MoreWhat is ex parte reexamination?
Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability. According to MPEP 2209,…
Read MoreWhat is an ex parte reexamination request?
An ex parte reexamination request is a formal petition filed with the U.S. Patent and Trademark Office (USPTO) to review the patentability of one or more claims in an existing patent. The request is based on prior art patents or printed publications and can be filed by any person during the period of enforceability of…
Read MoreWhat is an Ex Parte Reexamination Certificate?
An Ex Parte Reexamination Certificate is a document issued at the conclusion of an ex parte reexamination proceeding, except in specific cases of merger with reissue applications or inter partes reexamination proceedings. The MPEP states: An ex parte reexamination certificate is issued at the close of each ex parte reexamination proceeding in which reexamination has…
Read MoreWhat can be cited to the USPTO for placement into patent files?
According to MPEP 2202, two types of information can be cited to the USPTO for placement into patent files: Prior art in the form of patents or printed publications Written statements made by the patent owner concerning the scope of the claims The MPEP states: “Prior art in the form of patents or printed publications…
Read MoreWhat are maintenance fees for patents?
Maintenance fees are charges required to keep a patent in force after it has been granted. According to MPEP 2501, these fees are due at specific intervals after the patent grant: “Three years and 6 months after grant, $980.” “Seven years and 6 months after grant, $2,480.” “Eleven years and 6 months after grant, $4,110.”…
Read MoreHow does the USPTO determine if a patent application meets the written description requirement?
How does the USPTO determine if a patent application meets the written description requirement? The United States Patent and Trademark Office (USPTO) uses specific criteria to determine if a patent application meets the written description requirement under 35 U.S.C. 112(a). According to the MPEP 2163: “The written description requirement is satisfied if the disclosure conveys…
Read MoreHow does the USPTO view the duty of disclosure?
The United States Patent and Trademark Office (USPTO) takes a very serious view of the duty of disclosure. According to the MPEP Section 2001.05: “The USPTO holds those individuals subject to this duty to the highest standards.” This statement underscores the importance the USPTO places on candor and good faith in dealing with the Office.…
Read MoreHow does the USPTO view the importance of claim definiteness in patent quality?
The USPTO places great importance on claim definiteness as a crucial factor in patent quality. The MPEP explicitly states: “Optimizing patent quality by providing clear notice to the public of the boundaries of the inventive subject matter protected by a patent grant fosters innovation and competitiveness. Accordingly, providing high quality patents is one of the…
Read MoreHow does the USPTO ensure uniformity in reexamination practices?
The USPTO ensures uniformity in reexamination practices through a multi-layered review process. According to MPEP § 2289, this includes: Monitoring and reviewing all reexamination cases by CRU SPRS or TC QAS Conducting panel reviews before issuing Office actions Providing feedback to Office personnel The MPEP states: “The above identified review processes are appropriate vehicles for…
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