How does the disclosure of alternatives affect a prior art suggestion?
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 disclosure of desirable alternatives in prior art does not…
Read MoreWhat types of documents qualify 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), three types of patent documents…
Read MoreIs it necessary for the prior art to suggest the same advantage or result discovered by the applicant?
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, it is not necessary for the prior art to…
Read MoreWhat does “by another who has not abandoned, suppressed, or concealed it” mean 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. This phrase refers to a provision in pre-AIA 35 U.S.C.…
Read MoreHow does a prior adverse decision by the USPTO affect the determination of 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. A prior adverse decision by the USPTO can significantly impact…
Read MoreWhat is the difference between “described in a printed publication” under AIA and pre-AIA 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 interpretation of “described in a printed publication” remains largely…
Read MoreWhat is the “printed publication” requirement under Pre-AIA 35 U.S.C. 102(a)?
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 “printed publication” requirement under Pre-AIA 35 U.S.C. 102(a) refers…
Read MoreWhat is the significance of the “printed publication” bar 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 “printed publication” bar is a crucial concept in patent…
Read MoreWhat constitutes a “printed publication” under AIA 35 U.S.C. 102(a)(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. Under AIA 35 U.S.C. 102(a)(1), a printed publication can include…
Read MoreHow does changing the principle of operation of a reference affect obviousness?
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. Changing the principle of operation of a prior art reference…
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