What is the primary purpose of a derivation proceeding?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 5 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 primary purpose of a derivation proceeding is to determine…

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What does “prima facie obviousness” mean in the context of Art Recognized Suitability?

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 the context of Art Recognized Suitability, “prima facie obviousness”…

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What is prima facie evidence of “by another” in pre-AIA 35 U.S.C. 102(e) 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. A different inventive entity is considered prima facie evidence that…

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What is the legal standard for establishing a prima facie case of anticipation or obviousness in product and apparatus claims?

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. According to MPEP 2112.01(I), a prima facie case of either…

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