Can third-party activities qualify as experimental use in patent law?
Experimental use is personal to the inventor and generally does not extend to independent third-party activities. The MPEP states: “Where an inventor presents evidence of experimental activity by such other party, the evidence will not overcome the prima facie case of unpatentability based upon the activity of such party unless the activity was under the…
Read MoreHow does the USPTO handle therapeutic or pharmacological utility claims?
The USPTO applies the same legal requirements for utility to therapeutic or pharmacological inventions as it does to inventions in other fields. According to MPEP 2107.01: “Inventions asserted to have utility in the treatment of human or animal disorders are subject to the same legal requirements for utility as inventions in any other field of…
Read MoreWhat is the test of enablement in patent law?
The test of enablement in patent law determines whether the disclosure in a patent application contains sufficient information to enable a person skilled in the relevant art to make and use the claimed invention without undue experimentation. As stated in MPEP 2164.01: “The standard for determining whether the specification meets the enablement requirement was cast…
Read MoreWhat are “terms of degree” in patent claims according to MPEP?
What are “terms of degree” in patent claims according to MPEP? According to MPEP 2173.05(b), “terms of degree” are a type of relative terminology used in patent claims. These terms attempt to describe a value or characteristic by reference to a degree. The MPEP states: “Terms of degree are not necessarily indefinite. […] If the…
Read MoreWhat symbols are used for termination codons in nucleotide sequences?
What symbols are used for termination codons in nucleotide sequences? According to MPEP 2412.05, termination codons in nucleotide sequences are represented by specific symbols: “The symbols “TAA,” “TGA,” or “TAG” should be used to represent termination codons.” This means that when including a termination codon in a nucleotide sequence listing, you should use one of…
Read MoreWhat symbols are used for termination codons in amino acid sequences?
According to MPEP 2412.05(d), termination codons in amino acid sequences are represented by specific symbols: An asterisk (*) is used to represent termination codons in amino acid sequences. The MPEP states: “The symbols set forth in Table 3 of Appendix G should be used to represent amino acids. Termination codons should be shown as an…
Read MoreWhat happens when a reexamination proceeding is terminated?
When a reexamination proceeding is terminated, the following steps are taken according to MPEP 2294: The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there The file is given a 420 status A copy of the PALM “Application Number Information” screen and the “Contents” screen is printed and annotated with…
Read MoreCan a terminally disclaimed patent be eligible for patent term extension?
Yes, a patent may be extended under 35 U.S.C. 156, even if it has been terminally disclaimed. The MPEP states: “A patent may be extended under 35 U.S.C. 156, even though it has been terminally disclaimed.” This is because a patent term extension under 35 U.S.C. 156 is a limited extension of patent rights associated…
Read MoreHow do terminal disclaimers affect patent expiration dates?
Terminal disclaimers can affect the expiration date of a patent by limiting its term to that of an earlier-issued patent. The MPEP explains, If the disclaimer disclaims the terminal portion of the term of the patent which would extend beyond the expiration date of an earlier issued patent, then the expiration date of the earlier…
Read MoreWhy is a terminal disclaimer required for petitions to excuse unintentional delay in international design applications?
A terminal disclaimer is required for petitions to excuse unintentional delay in international design applications to prevent the applicant from unfairly extending the patent term due to the delay. This requirement is specified in 37 CFR 1.1051(d). The MPEP explains: “Pursuant to 37 CFR 1.1051(d), any petition under 37 CFR 1.1051(a) must be accompanied by…
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