What is the Cooperative Patent Classification (CPC)?
The Cooperative Patent Classification (CPC) is a bilateral classification system jointly developed by the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). As stated in MPEP 905: “Cooperative Patent Classification (CPC) is a bilateral classification system jointly developed by the United States Patent and Trademark Office (USPTO) and the European…
Read MoreCan the USPTO withdraw a patent application from issue on its own initiative?
Yes, the USPTO can withdraw a patent application from issue on its own initiative. This is known as sua sponte withdrawal. According to MPEP 1308: “The Director may withdraw an application from issue under 37 CFR 1.313 on his or her own initiative. See Harley v. Lehman, 981 F. Supp. 9, 12, 44 USPQ2d 1699,…
Read MoreCan the patent classification system be updated or revised?
Yes, the patent classification system can be updated and revised. MPEP 903.01 cites 35 U.S.C. 8, which explicitly states: “The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable…” This provision allows the USPTO to: Update…
Read MoreHow does the USPTO treat written opinions from other International Searching Authorities?
The United States International Preliminary Examining Authority has a specific policy regarding written opinions from certain International Searching Authorities. According to the MPEP: The United States International Preliminary Examining Authority will treat any written opinion of the International Searching Authority established by the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO, or IPOS as the…
Read MoreWhen did the USPTO switch from USPC to CPC for utility applications?
The USPTO transitioned from the U.S. Patent Classification System (USPC) to the Cooperative Patent Classification System (CPC) for utility applications on January 1, 2013. As stated in MPEP 902: “As of January 1, 2013, the USPTO moved from using the USPC system to the CPC system for classification of pending utility applications.” This change marked…
Read MoreHow does the USPTO approach search tool selection for different technology areas?
The USPTO recognizes that different technology areas may require different approaches to search tool selection. According to MPEP 904.02(b), Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). This means that: Each Technology Center may have its…
Read MoreHow does the USPTO determine if a subcombination has separate utility?
How does the USPTO determine if a subcombination has separate utility? The USPTO determines if a subcombination has separate utility by assessing whether it can be used independently of the combination. According to MPEP 806.05(a): “To support a requirement for restriction between combination and subcombination inventions, both two-way distinctness and reasons for insisting on restriction…
Read MoreWhat is the role of the Office of the Solicitor in the petition process?
The Office of the Solicitor plays a crucial role in the petition process, as outlined in the MPEP: “Upon receipt of a petition, the entire file is to be forwarded to the Office of the Solicitor. The Solicitor is directed to promptly cause a review to be made of the petition and to prepare a…
Read MoreWhat interlocutory actions can the Solicitor take in the petition process?
The MPEP grants the Solicitor authority to take various interlocutory actions to facilitate the prompt disposition of petitions. Specifically: “The Solicitor is authorized to take any interlocutory action, i.e., extending times for filing oppositions and seeking judicial review, obtaining agreement on facts from the parties, etc., as may be necessary to promptly dispose of the…
Read MoreHow does the USPTO classify search tools for patent examination?
The USPTO classifies search tools for patent examination into three main categories: Primary search tools: These include classification indices, classification definitions, and patent documents. Secondary search tools: These include technical literature other than patent documents. Specialized search tools: These are specific to certain technologies, such as chemical formulae and structure searches. According to MPEP 904.03,…
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