Are Statutory Invention Registrations (SIRs) still accepted by the USPTO?
No, Statutory Invention Registrations (SIRs) are no longer accepted by the USPTO. According to MPEP 901.06(d): “However, requests for a statutory invention registration filed on or after March 16, 2013 will not be processed, as the provisions of pre-AIA 35 U.S.C. 157 governing Statutory Invention Registrations were repealed.” This change was part of the America…
Read MoreWhat is the role of the specification in patent claim analysis?
The role of the specification in patent claim analysis is to provide context and support for the claims. According to MPEP 904.01: The specification may be used to learn the meaning of terms and in interpreting the coverage of a claim, but limitations from the specification may not be read into the claims. This means…
Read MoreWhat is a species election requirement in patent applications?
A species election requirement in patent applications is a request by the USPTO examiner for the applicant to choose a specific embodiment or sub-genus from a broader genus claimed in the application. This requirement is made when the examiner determines that the application contains claims directed to two or more patentably distinct species of an…
Read MoreWhat is the significance of preambles in patent claim analysis?
Preambles in patent claims can have significant importance in claim analysis. According to MPEP 904.01: The determination of whether a preamble limits a claim is made on a case-by-case basis in light of the facts in each case. This means that examiners must carefully consider the preamble’s role in each specific claim. Key points about…
Read MoreWhat is the significance of search files in patent examination?
Search files play a crucial role in patent examination, as outlined in MPEP 901.06(d). The MPEP emphasizes their importance: “Abstracts, Abbreviatures, and Defensive Publications are included in the search files.” Search files are comprehensive collections of prior art documents used by patent examiners to evaluate the novelty and non-obviousness of patent applications. These files include…
Read MoreWhat role does the Scientific and Technical Information Center (STIC) play in foreign patent access?
The Scientific and Technical Information Center (STIC) plays a crucial role in providing access to foreign patents and related information. According to MPEP 903.03: STIC’s collections are international in scope and include foreign patents, non-patent literature, designs, trademarks, and legal information. There is an assortment of resources which reflect the information needs of examiners and…
Read MoreWhat is the relationship between Rospatent and the USPTO for PCT applications?
What is the relationship between Rospatent and the USPTO for PCT applications? Rospatent and the USPTO have a cooperative relationship for PCT applications. According to MPEP 1840.04: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) has agreed to conduct international searches and prepare international search reports for international applications filed with the United States…
Read MoreWhat is Rospatent and when did it become available as an International Searching Authority?
Rospatent, or the Federal Service for Intellectual Property of the Russian Federation, became available as an International Searching Authority (ISA) for PCT applications on January 10, 2012. As stated in the MPEP, Since January 10, 2012, the Federal Service for Intellectual Property (Rospatent) (Russian Federation) has been available as an International Searching Authority (ISA) for…
Read MoreHow can I revive a patent application abandoned due to failure to file a Notice of Foreign Filing?
If your patent application has been abandoned due to failure to file a timely Notice of Foreign Filing, you can revive it by filing a petition under 37 CFR 1.137. According to MPEP 1124, this is the sole remedy available to restore the application to pending status. The petition must include: The required reply (in…
Read MoreDoes a restored right of priority apply in all national stage applications?
A restored right of priority in an international application does not necessarily apply in all national stage applications. MPEP 1828.01 states: “It should be noted that restoration of a right of priority to a prior application by the United States Receiving Office, or by any other receiving Office, under the provisions of PCT Rule 26bis.3,…
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