How are Statutory Invention Registrations (SIRs) treated under pre-AIA 35 U.S.C. 102(e)?
Statutory Invention Registrations (SIRs) are treated similarly to U.S. patents under pre-AIA 35 U.S.C. 102(e). The MPEP explains: “In accordance with former 35 U.S.C. 157(c), a published SIR will be treated the same as a U.S. patent for all defensive purposes, usable as a reference as of its filing date in the same manner as…
Read MoreHow does the certification regarding statutory estoppel affect ex parte reexamination requests?
The certification regarding statutory estoppel is a requirement for third-party requesters filing ex parte reexamination requests. As stated in the MPEP: “37 CFR 1.510(b)(6) requires that the request contain a certification by the third party requester that the statutory estoppel provisions of inter partes review and post grant review do not bar the third party…
Read MoreWhat is statutory double patenting?
Statutory double patenting is a rejection based on the requirement in 35 U.S.C. 101 that an inventor may obtain only one patent for the same invention. The MPEP explains: “35 U.S.C. 101 requires that whoever invents or discovers an eligible invention may obtain only ONE patent therefor. Thus, it prevents two patents issuing on the…
Read MoreWhat are the statutory categories for patentable inventions under 35 U.S.C. 101?
According to 35 U.S.C. 101, there are four statutory categories for patentable inventions: Process Machine Manufacture Composition of matter The MPEP directly quotes the statute: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the…
Read MoreHow is the statutory basis for pre-AIA 35 U.S.C. 103(a) rejections stated?
The statutory basis for pre-AIA 35 U.S.C. 103(a) rejections is stated using form paragraph 7.20.fti. This paragraph provides the full text of pre-AIA 35 U.S.C. 103(a) as follows: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the…
Read MoreWhat is the statutory basis for interference proceedings in patent law?
The statutory basis for interference proceedings in patent law is primarily found in 35 U.S.C. 135 (pre-AIA). This statute outlines the process for declaring and conducting interferences. According to the MPEP: “Whenever an application is made for a patent which, in the opinion of the Director, would interfere with any pending application, or with any…
Read MoreWhat is the statutory basis for ex parte reexamination of patents?
The statutory basis for ex parte reexamination of patents was established on July 1, 1981, through sections 301-307 of title 35, United States Code, added by Public Law 96-517. The MPEP states: “Statutory basis for citation of prior art patents or printed publications in patent files and ex parte reexamination of patents became available on…
Read MoreWhat is the significance of the statutory bar under pre-AIA 35 U.S.C. 102(b)?
The statutory bar under pre-AIA 35 U.S.C. 102(b) is a critical concept in patent law that can prevent an inventor from obtaining a patent. According to MPEP 2133.02: “A rejection under pre-AIA 35 U.S.C. 102(b) cannot be overcome by affidavits and declarations under 37 CFR 1.131 (Rule 131 Declarations), foreign priority dates, or evidence that…
Read MoreWhat statutory authority allows for the revival of reexamination proceedings?
The statutory authority for reviving reexamination proceedings is provided by 35 U.S.C. 27, which was added by the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP quotes the statute as follows: “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned…
Read MoreWhat are status reports in the context of patent reexamination, and why are they important?
Status reports in patent reexamination are weekly computer-generated reports that provide updates on the events and progress of reexamination proceedings. According to MPEP 2635: “Various weekly reports can be generated for the event reporting discussed above. The primary purpose of these computer outputs is to assure that reexaminations are, in fact, processed with ‘special dispatch’.”…
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