What sources of prior art are considered during patent 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. During patent reexamination, examiners consider prior art from various sources.…
Read MoreWhat sources of prior art must an examiner consider during ex parte 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. During ex parte reexamination, an examiner must consider several sources…
Read MoreWhat role does the state of the prior art play in determining enablement?
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 state of the prior art is a crucial factor…
Read MoreWhat is the role of prior art in determining claim definiteness?
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. Prior art plays a significant role in determining claim definiteness…
Read MoreWhat are the requirements for prior art to be considered in an ex parte 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. For prior art to be considered in an ex parte…
Read MoreHow does the prior art regime affect reexamination proceedings?
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 prior art regime applicable to a reexamination proceeding generally…
Read MoreHow does a prior art reference disclosing a range overlap with a claimed range affect patentability?
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 prior art reference discloses a range that overlaps…
Read MoreHow does the breadth of a prior art range affect obviousness determinations?
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 breadth of a prior art range can significantly impact…
Read MoreWhat qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
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. Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior…
Read MoreCan a prior art device that performs all functions of an apparatus claim still not anticipate the claim?
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, a prior art device can perform all the functions…
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