Does the specification need to disclose well-known information?
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. Generally, the specification does not need to disclose information that…
Read MoreWhat is a well-established utility 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. A well-established utility in patent law is one that meets…
Read MoreWhat are the three ways an inter partes reexamination proceeding can be concluded?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 3 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 2694, inter partes reexamination proceedings can be…
Read MoreWhat is the Wayback Machine® and how is it used 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 Wayback Machine® is a digital archive maintained by the…
Read MoreHow does the “way” prong of the function-way-result test apply in a prima facie case of equivalence?
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 “way” prong of the function-way-result test is a critical…
Read MoreHow does the “was-was” analysis apply to product-by-process 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 “was-was” analysis is a key concept in evaluating product-by-process…
Read MoreWhat are the Wands factors for determining undue experimentation?
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 Wands factors, established in In re Wands, 858 F.2d…
Read MoreWhat is the Waiver of Statement Program in ex parte 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. The Waiver of Statement Program is an initiative to expedite…
Read MoreCan an applicant voluntarily identify grace period inventor-originated disclosures?
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 applicant can voluntarily identify grace period inventor-originated disclosures.…
Read MoreWhy are viruses mentioned in both direct and indirect self-replication categories?
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 MPEP 2403.01 mentions viruses in both direct and indirect…
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