How does the USPTO handle duty of disclosure and inequitable conduct issues?
The United States Patent and Trademark Office (USPTO) generally does not handle duty of disclosure or inequitable conduct issues during the examination process. According to MPEP 2010, “It is the courts and not the Office that are in the best position to fashion an equitable remedy to fit the precise facts in those cases where…
Read MoreHow does the USPTO handle discounted maintenance fee payments without proper entity status?
When a maintenance fee payment is submitted at a discounted rate (small or micro entity) without proper documentation of entity status, the USPTO will consider it insufficient. According to MPEP 2531: “If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro)…
Read MoreHow does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance…
Read MoreHow does the USPTO handle cumulative information in supplemental examination?
The USPTO’s handling of cumulative information in supplemental examination is addressed in MPEP 2816.02. Key points include: Cumulative information generally does not raise a substantial new question of patentability (SNQ) Information is cumulative when it teaches no more than what was previously known from cited prior art in the record However, a combination of references…
Read MoreHow does the USPTO handle confidential concurrent proceedings during reexamination?
The USPTO has specific procedures for handling confidential concurrent proceedings during reexamination. According to MPEP 2282: “If the concurrent proceeding is a confidential proceeding pending before the Office, the reexamination proceeding will be referred to an appropriate Technology Center (TC) official to resolve any issues relating to the confidential status of the concurrent proceeding before…
Read MoreHow does the USPTO handle questions of compliance with the duty of disclosure in inter partes reexamination?
The USPTO’s approach to handling questions of compliance with the duty of disclosure in inter partes reexamination is outlined in 37 CFR 1.933(b): “If questions of compliance with this section are raised by the patent owner or the third party requester during a reexamination proceeding, they will be noted as unresolved questions in accordance with…
Read MoreHow does the USPTO handle clerical or typographical errors in patent applications?
How does the USPTO handle clerical or typographical errors in patent applications? The USPTO recognizes that clerical or typographical errors can occur in patent applications. According to MPEP 2163.07: Where a clerical or typographical error in an application is not apparent from the record, amendment to correct such error may be permitted without any further…
Read MoreHow does the USPTO handle claims that potentially cover inoperative embodiments?
The USPTO’s approach to claims that potentially cover inoperative embodiments is nuanced. The presence of some inoperative embodiments within the scope of a claim does not necessarily render the claim non-enabled. According to the MPEP: “The presence of inoperative embodiments within the scope of a claim does not necessarily render a claim nonenabled. The standard…
Read MoreHow does the USPTO handle requests for samples of biological materials?
The United States Patent and Trademark Office (USPTO) has specific procedures for handling requests for samples of biological materials. According to MPEP 2410: “The Office will not serve as a go-between for persons seeking samples from a depository.” Instead, the USPTO’s role is to: Provide certification to depositories that a request for a sample is…
Read MoreHow does the USPTO handle benefit claims in international design applications?
The USPTO handles benefit claims in international design applications according to specific procedures outlined in MPEP 2920.05(e): “Pursuant to 37 CFR 1.78(d)(2), the nonprovisional application must contain or be amended to contain a reference to the prior international design application, identifying it by international registration number (if assigned) or by application number and filing date…
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