Can a preamble be used to distinguish over the prior art during patent prosecution?
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 preamble can be used to distinguish a claimed…
Read MoreWhat is the difference between preambles in apparatus claims vs. method 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. The interpretation of preambles can differ between apparatus claims and…
Read MoreWhat is the ‘preamble-body demarcation approach’ in patent claim 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. What is the ‘preamble-body demarcation approach’ in patent claim analysis?…
Read MoreHow can the preamble provide antecedent basis for claim terms?
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 preamble can provide antecedent basis for claim terms, which…
Read MoreWhat are examples of pre-solution and post-solution activities?
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. Pre-solution and post-solution activities are types of insignificant extra-solution activities.…
Read MoreWhat is the “pre-AIPA” version of 35 U.S.C. 102(e) and when does it apply?
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 “pre-AIPA” version of 35 U.S.C. 102(e) refers to the…
Read MoreWhat is the difference between pre-AIA and current 37 CFR 1.56?
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 main difference between the pre-AIA (America Invents Act) and…
Read MoreHow do the requirements for patent specifications differ between pre-AIA and AIA 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 requirements for patent specifications under 35 U.S.C. 112 are…
Read MoreWhat determines if an application is subject to pre-AIA or AIA patent laws?
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 determining factor for whether an application is subject to…
Read MoreCan an application change from pre-AIA to AIA status?
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, an application can change from pre-AIA to AIA status…
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