What is the process for a patentee to alert an examiner about potentially interfering 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 2304.03, a patentee can alert an examiner…
Read MoreWhat is considered “patented” 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), “patented” refers to a prior…
Read MoreWhat is “patentably indistinct subject matter” in the context of patent interferences?
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. “Patentably indistinct subject matter” refers to inventions or claims that…
Read MoreWhat are “patentably indistinct claims” in the context of interfering 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. “Patentably indistinct claims” in the context of interfering applications refer…
Read MoreWhat should an examiner do if they find claims patentable in a 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. If an examiner finds claims patentable during a reexamination, they…
Read MoreWhat are the potential grounds for patentability in supplemental 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. Supplemental examination can involve a wide range of patentability grounds.…
Read MoreCan a patent claim involving an abstract idea still be patentable?
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 patent claim involving an abstract idea can still…
Read MoreCan a patent application meet the utility requirement but fail the enablement requirement?
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, it is possible for a patent application to meet…
Read MoreWhat is the Patent Trial and Appeal Board’s role in patent interferences?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 9 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 Patent Trial and Appeal Board (PTAB) plays a significant…
Read MoreWhat is the role of the Patent Trial and Appeal Board in derivation proceedings?
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 Patent Trial and Appeal Board (PTAB) plays a crucial…
Read More