How does the USPTO define “independent inventions” for restriction purposes?
The United States Patent and Trademark Office (USPTO) defines independent inventions in the context of restriction requirements as outlined in MPEP 806. According to this section: “Independent inventions are inventions which are not connected in design, operation, or effect, e.g., species under a genus which are mutually exclusive.“ This means that independent inventions: Have no…
Read MoreHow does the USPTO determine the “date of commencement” for national stage applications?
The USPTO determines the “date of commencement” for national stage applications based on specific criteria. According to MPEP 1893.01: “For purposes of filing a national stage application under 35 U.S.C. 371, the date of commencement is the date of receipt of the national stage papers that include a specification (including claims), drawings (if necessary), and…
Read MoreHow does the USPTO count second or subsequent First Actions on the Merits (FAOM)?
The USPTO has a specific system for counting second or subsequent First Actions on the Merits (FAOM). According to MPEP 1705: “A second/subsequent FAOM usually occurs when the first action is a mailed restriction/election action and the second action is an action on the merits. The USPTO’s automated data management system will automatically determine if…
Read MoreHow does the USPTO define a “complete search” for patent applications?
The USPTO defines a “complete search” for patent applications as one that covers the disclosed invention and the state of the art as thoroughly as possible within reasonable time and with reasonable effort. According to MPEP 904.02: “The U.S. Patent and Trademark Office has traditionally attempted to provide the most thorough search possible within the…
Read MoreHow does the USPTO define a combination in patent applications?
The United States Patent and Trademark Office (USPTO) defines a combination in patent applications according to the Manual of Patent Examining Procedure (MPEP) 806.05(a). The MPEP states: “A combination is an organization of which a subcombination or element is a part.” This definition emphasizes that a combination in a patent application refers to a larger…
Read MoreWhat information is available on the USPTO Classification Home Page?
The USPTO Classification Home Page provides a wealth of information for both examiners and the public. According to MPEP 902.03(b), the site includes: Index, schedules, and definitions Links to international information (CPC schedules, IPC Concordance, IPC Schedules, IPC Catchword Index) WIPO Handbook on Industrial Property Information and Documentation National (U.S.) information (Overview of the Classification…
Read MoreWhat information can be retrieved from the USPTO’s automated data management system?
The USPTO’s automated data management system allows for the retrieval of various types of information related to patent applications. According to the MPEP: “Among other items, classification, examiner docket, attorney, inventor, status, and prosecution history data as well as the location of each paper application can be retrieved and updated online.” Key retrievable information includes:…
Read MoreWhat is the USPTO’s automated data management system for patent applications?
The USPTO maintains an automated data management system for retrieving and updating computer records of patent applications. This system allows for: Online retrieval and updating of application data Display of examiner time, activity, and docket records Tracking of technical support staff backlog As stated in the MPEP: “The USPTO maintains an automated data management system…
Read MoreHow does the USPTO use the Agricultural Research Service (ARS) in examining plant patent applications?
The USPTO may utilize the Agricultural Research Service (ARS) of the U.S. Department of Agriculture during the examination of plant patent applications. According to MPEP 1609: “Where the examiner considers it necessary to the examination of the plant patent application, a copy of the file and drawing of the application are forwarded to the National…
Read MoreHow does the USPTO access patent family information?
The USPTO accesses patent family information through various databases and tools. According to MPEP 901.07: “Examiners can retrieve patent family information using the USPTO’s automated search tools…” These tools include: EAST (Examiner’s Automated Search Tool) WEST (Web-Based Examiner Search Tool) Global Dossier These systems provide access to patent family data from various sources, including foreign…
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