How is “substantially the same subject matter” determined for pre-AIA 35 U.S.C. 135(b)?
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. Determining “substantially the same subject matter” for pre-AIA 35 U.S.C.…
Read MoreWhat is the significance of “substantially identical” claims in intervening rights?
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 concept of “substantially identical” claims is crucial in determining…
Read MoreWhat is the “substantial utility” requirement 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 “substantial utility” requirement in patent law refers to the…
Read MoreWhat is the difference between a “substantial new question of patentability” and a “prima facie case of unpatentability”?
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 concepts of a “substantial new question of patentability” (SNQ)…
Read MoreWhat is the significance of a “substantial new question of 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. A “substantial new question of patentability” (SNQ) is crucial in…
Read MoreWhat happens if a substantial new question of patentability is raised during 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 a substantial new question of patentability is raised during…
Read MoreWhat is a “substantial new question of patentability” in patent 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. A “substantial new question of patentability” (SNQ) is the key…
Read MoreCan a substantial new question of patentability (SNQ) be based on old art 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. Yes, a substantial new question of patentability (SNQ) can be…
Read MoreWhat is a substantial new question of patentability in inter partes 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. A substantial new question of patentability (SNQ) is a key…
Read MoreWhat is a substantial new question of patentability 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. A substantial new question of patentability (SNQ) is a key…
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