What types of prior art can bar patentability under pre-AIA 35 U.S.C. 102(b)?
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 pre-AIA 35 U.S.C. 102(b), several types of prior art…
Read MoreWhat prior art can be used in determining a substantial new question of patentability?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 8 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 determination of a substantial new question of patentability or…
Read MoreWhat is the significance of mailing copies of prior art documents with reexamination decisions?
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. Mailing copies of prior art documents along with reexamination decisions…
Read MoreWhat is the requirement for listing prior art in a reexamination request?
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 reexamination request must provide a listing of the patents…
Read MoreWhat is the relationship between prior art knowledge and the level of detail required in a patent specification?
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 relationship between prior art knowledge and the level of…
Read MoreHow is prior art considered in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 4 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. In inter partes reexamination, the consideration of prior art is…
Read MoreHow does the “state of the prior art” impact the undue experimentation analysis?
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 an important Wands…
Read MoreWhat is the impact of prior art on CIP applications?
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 impact of prior art on Continuation-In-Part (CIP) applications can…
Read MoreHow is prior art handled in ex parte reexamination after the order is issued?
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 handling of prior art in ex parte reexamination after…
Read MoreHow does the size of a prior art genus affect obviousness analysis?
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 size of a prior art genus is a factor…
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