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How does the prosecution history affect claim interpretation during examination?

By russ.krajec@blueironip.com | September 30, 2024

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 prosecution history plays a crucial role in claim interpretation…

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How does the prosecution history affect claim interpretation under BRI?

By russ.krajec@blueironip.com | September 30, 2024

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 prosecution history plays a significant role in claim interpretation…

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How are proposed amendments treated in the decision on a reexamination request?

By russ.krajec@blueironip.com | September 30, 2024

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 owner includes proposed amendments with a reexamination…

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Can the proportions of features in patent drawings be used as evidence?

By russ.krajec@blueironip.com | September 30, 2024

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. Generally, the proportions of features in patent drawings cannot be…

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What role does “prophylaxis” play in Step 2A Prong Two analysis?

By russ.krajec@blueironip.com | September 30, 2024

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. Prophylaxis, or preventive treatment, plays a significant role in the…

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How do prophetic examples affect the enablement of a patent disclosure?

By russ.krajec@blueironip.com | September 30, 2024

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. Prophetic examples, which are conceived but not yet made embodiments,…

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Can prophetic examples be used to satisfy the enablement requirement?

By russ.krajec@blueironip.com | September 30, 2024

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. Yes, prophetic examples can be used to satisfy the enablement…

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How can I properly use a trademark or trade name in a patent specification?

By russ.krajec@blueironip.com | September 30, 2024

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. While using trademarks or trade names in patent claims can…

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How is the proper Technology Center determined for a reexamination request?

By russ.krajec@blueironip.com | September 30, 2024

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 proper Technology Center (TC) for a reexamination request is…

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How are properly filed submissions under 37 CFR 1.565(a) handled in ex parte reexamination?

By russ.krajec@blueironip.com | September 30, 2024

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 submission is properly filed under 37 CFR 1.565(a)…

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