What are the key requirements for establishing a prima facie case of obviousness?
The key requirements for establishing a prima facie case of obviousness are: Resolving the Graham factual inquiries Articulating a clear rationale for why the claimed invention would have been obvious Providing a reasoned explanation that avoids conclusory generalizations As stated in the MPEP: “The key to supporting any rejection under 35 U.S.C. 103 is the…
Read MoreWhat are the requirements for photographs and graphic representations in international design applications?
The requirements for photographs and graphic representations in international design applications are specified in Administrative Instruction 404 of the Hague Agreement. Key requirements include: For Photographs: Must be of professional standard All edges must be cut at right angles The industrial design must be shown against a neutral plain background Retouching with ink or correcting…
Read MoreWhat should be included in a petition for stay of a patent term extension application?
When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states: “Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.” The petition should include: A clear…
Read MoreWhat are the requirements for taking official notice in patent examination?
What are the requirements for taking official notice in patent examination? In patent examination, official notice can be taken under specific conditions. According to MPEP 2144.03: “The examiner must provide specific factual findings predicated on sound technical and scientific reasoning to support the conclusion of common knowledge.” This means that: The examiner must have a…
Read MoreWhat are the requirements for requesting access to Office records related to a contested case?
According to MPEP 2307.02, any request for access to or copies of Office records directly related to a contested case must adhere to the following requirements: The request must be filed with the Board. It must precisely identify the records being requested. For copies, the appropriate fee set under 37 CFR 1.19(b) must be included.…
Read MoreWhat are the requirements for invoking the joint research agreement exception?
What are the requirements for invoking the joint research agreement exception? To invoke the joint research agreement (JRA) exception and disqualify certain prior art, specific requirements must be met. According to MPEP 2156, these requirements include: The subject matter disclosed must have been developed and the claimed invention made by, or on behalf of, one…
Read MoreWhat are the requirements for invoking the exception under AIA 35 U.S.C. 102(b)(1)(B)?
To invoke the exception under AIA 35 U.S.C. 102(b)(1)(B), certain requirements must be met. MPEP 2155.02 outlines these requirements: “In order for the exception under AIA 35 U.S.C. 102(b)(1)(B) to apply, the subject matter of the intervening disclosure must be the same as the subject matter of the inventor’s previous public disclosure.” The key requirements…
Read MoreWhat are the requirements for international applications disclosing nucleic acid or amino acid sequences?
For international applications subject to WIPO ST.25 requirements that disclose nucleic acid or amino acid sequences, specific rules apply. MPEP 2420 states: “See PCT Rule 5 and Rule 13ter, and MPEP § 1823.02 and § 2422, for the requirements under the PCT for international applications subject to WIPO ST.25 requirements and that disclose nucleic acid…
Read MoreWhat are the requirements for furnishing samples under 37 CFR 1.808?
While the specific content of 37 CFR 1.808 is not provided in the given MPEP excerpt, generally, the requirements for furnishing samples under this regulation typically include: Depositing the biological material in a recognized depository institution Ensuring the deposited material is available to the public upon issuance of the patent Providing assurance that the deposit…
Read MoreWhat information do I need to check a patent’s maintenance fee status online?
To check a patent’s maintenance fee status online, you need two pieces of information: The patent number The corresponding application number The MPEP states: “Maintenance fee status information for a patent of interest can be obtained over the internet by entering the patent number and the corresponding application number in the appropriate spaces on the…
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