How can an applicant rebut a rejection based on lack of utility?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When a patent application is rejected under 35 U.S.C. 101…
Read MoreHow can an applicant rebut a prima facie case of obviousness for overlapping ranges?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An applicant can rebut a prima facie case of obviousness…
Read MoreWhat types of evidence can be used to rebut an obviousness rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP outlines several types of evidence that can be…
Read MoreWhat is the time limit for filing a rebuttal brief in an inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 3 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 2678, the time limit for filing a…
Read MoreWhat is the process for handling rebuttal briefs in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The process for handling rebuttal briefs in inter partes reexamination…
Read MoreWho is responsible for determining compliance of rebuttal briefs in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 5 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The responsibility for determining compliance of rebuttal briefs in inter…
Read MoreWhat certification is required for a rebuttal brief in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 2678, which cites 37 CFR 41.71(d), a…
Read MoreWhat is the rebuttable presumption of identity in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The rebuttable presumption of identity in patent law refers to…
Read MoreHow can an inference of suppression or concealment be rebutted?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An inference of suppression or concealment can be rebutted by…
Read MoreHow can an applicant rebut a prima facie case of anticipation or obviousness in product claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An applicant can rebut a prima facie case of anticipation…
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