What are the prior art exceptions under 35 U.S.C. 102(b)(1)?
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 exceptions under 35 U.S.C. 102(b)(1) are provisions…
Read MoreHow does the exception to the prior art rule affect patent litigation?
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 exception to the prior art rule, as described in…
Read MoreWhat is the Prior Art Exception under AIA 35 U.S.C. 102(b)(2)(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. The Prior Art Exception under AIA 35 U.S.C. 102(b)(2)(B) provides…
Read MoreWhat types of prior art can be considered in 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. In ex parte reexaminations ordered under 35 U.S.C. 304, the…
Read MoreIs proof of efficacy required for a prior art reference to be enabling for anticipation?
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. No, proof of efficacy is not required for a prior…
Read MoreHow are drawings in prior art interpreted for patent examination?
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. Drawings in prior art are interpreted as follows for patent…
Read MoreHow does a prior art reference’s content affect its use in rejections under 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. How does a prior art reference’s content affect its use…
Read MoreWhat prior art must an examiner consider during inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 7 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 inter partes reexamination, an examiner must consider various sources…
Read MoreHow does the degree of consideration for submitted prior art differ in 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. In ex parte reexamination, the degree of consideration given to…
Read MoreCan a prior art reference be used for both anticipation and obviousness rejections?
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 single prior art reference can be used for…
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