What is considered “material information” in patent disclosure?
While the MPEP 2002.01 section doesn’t provide a specific definition of “material information,” it does mention that not all information needs to be disclosed to the USPTO. The MPEP states: “Information that is not material need not be passed along to the Office.” Generally, material information is any information that a reasonable examiner would consider…
Read MoreWhat is a Markush group in patent claims?
A Markush group is a claim construction that lists alternatives to define a limitation in a patent claim. As stated in the MPEP 2173.05(h): “Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims, after the appellant in Ex parte Markush, 1925…
Read MoreWhat is the definition of joint inventorship?
Joint inventorship occurs when two or more individuals collaborate to create an invention. The MPEP provides guidance on joint inventorship based on 35 U.S.C. 116: “When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title.…
Read MoreWhat is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP: “If the term of a patent for which an application…
Read MoreWhat is an interfering claim in a patent application?
An interfering claim in a patent application refers to a claim that covers the same subject matter as a claim in another application or patent by a different inventor. According to MPEP 2304.04(a), “If the applicant already has a claim to the same subject matter as a claim in the application or patent of another…
Read MoreWhat is an interference proceeding in patent law?
An interference proceeding is a contest under pre-AIA 35 U.S.C. 135(a) between an application and either another application or a patent. As stated in the MPEP 2301: “An interference is declared to assist the Director of the United States Patent and Trademark Office in determining priority, that is, which party first invented the commonly claimed…
Read MoreWhat is interference practice in patent law?
Interference practice is a procedure used to determine priority of invention between two parties. It is based on pre-AIA 35 U.S.C. 102(g). As stated in the MPEP: “An interference is an inter partes proceeding directed at determining the first to invent as among the parties to the proceeding, involving two or more pending applications naming…
Read MoreWhat is an interference in patent law?
An interference in patent law is a proceeding to determine which party has the right to a patent when two or more parties claim the same invention. The Manual of Patent Examining Procedure (MPEP) Chapter 2300 covers interference and derivation proceedings. According to MPEP 2304, “The suggestion for an interference may come from an applicant…
Read MoreWhat is inter partes reexamination?
Inter partes reexamination is a process that allows any third party to request a review of a patent issued from an original application filed on or after November 29, 1999. This process was available for requests filed prior to September 16, 2012. The MPEP 2609 states: The inter partes reexamination statute and rules permit any…
Read MoreWhat is an Inter Partes Reexamination Certificate?
An Inter Partes Reexamination Certificate is a document issued at the conclusion of an inter partes reexamination proceeding, unless merged with a reissue application. As stated in MPEP 2690: “An inter partes reexamination certificate is issued at the close of each inter partes reexamination proceeding in which reexamination has been ordered under 37 CFR 1.931,…
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