What constitutes undue experimentation in computer programming patent applications?
Undue experimentation in computer programming patent applications is a key consideration in determining whether a disclosure is enabling. The MPEP states: “The amount of experimentation that is considered routine will vary depending on the facts and circumstances of individual cases and should be reviewed on a case-by-case basis. No exact numerical standard has been fixed…
Read MoreWhat constitutes ‘undue experimentation’ in the context of biological material deposits?
‘Undue experimentation’ in the context of biological material deposits refers to procedures that require excessive effort or resources beyond what is considered routine in the field. According to MPEP 2404.02: “Deposits may be required to support the claims if an isolation procedure requires undue experimentation to obtain the desired biological material.” This means that if…
Read MoreWhat are the consequences of undescribed broken lines in international design application drawings?
Undescribed broken lines in international design application drawings can lead to a rejection under 35 U.S.C. 112(b) for indefiniteness. The MPEP provides a form paragraph for examiners to use in such cases: “The claim is rejected for failing to particularly point out and distinctly claim the invention as required in 35 U.S.C. 112(b). The claim…
Read MoreWhat are “Use” Claims in patent law?
“Use” claims are a type of patent claim that attempts to claim a process without setting forth specific steps. According to MPEP 2173.05(q), these claims often raise issues of indefiniteness under 35 U.S.C. 112(b). The MPEP provides an example: “[a] process for using monoclonal antibodies of claim 4 to isolate and purify human fibroblast interferon”…
Read MoreHow does the USPTO handle undelivered orders in inter partes reexamination?
The USPTO has a specific policy for handling undelivered orders in inter partes reexamination to ensure the process continues without unnecessary delays. According to MPEP 2654: “Reexamination will proceed even if the order is returned undelivered. As pointed out in MPEP ยง 2630, the notice under 37 CFR 1.11(c) is constructive notice to the patent…
Read MoreHow should unbranched nucleotide sequences be presented in patent applications?
How should unbranched nucleotide sequences be presented in patent applications? According to MPEP 2421.02, unbranched nucleotide sequences in patent applications must be presented as follows: They must be listed using a single letter code for nucleotide bases. Sequences with 10 or more nucleotides must be represented in the sequence listing. Each sequence must be assigned…
Read MoreWhat happens if a biological deposit referenced in a patent application becomes unavailable?
If a biological deposit referenced in a patent application becomes unavailable, the examiner will treat the application as if no deposit existed. According to MPEP 2407.01: “When the Office is so informed or otherwise becomes aware that samples of the deposited material cannot be furnished by the depository, the examiner will treat the application as…
Read MoreWhat is unauthorized participation by a protestor in patent examination?
Unauthorized participation by a protestor refers to any ex parte communication between the protestor and Office personnel, including examiners, regarding substantive matters of a patent application. The Manual of Patent Examining Procedure (MPEP) Section 1907 explicitly states: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex…
Read MoreWhat happens to unauthorized or improper papers filed in a supplemental examination proceeding?
According to MPEP 2813, unauthorized or improper papers filed in a supplemental examination proceeding are not entered into the official file or considered. If such papers are inadvertently entered, they will be expunged. Specifically, 37 CFR 1.620(c) states: “if an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not…
Read MoreWhat happens to unauthorized papers filed during inter partes reexamination?
According to MPEP 2667, unauthorized papers filed during inter partes reexamination will not be considered and may be returned. As stated in the MPEP: “If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.” If the paper has…
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