How does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts: Patent Grant: Is the official document issued by the USPTO that confers the legal right of the patent Provides detailed information about the…
Read MoreWhat is a Statement of Grant of Protection in international design applications?
A Statement of Grant of Protection is a formal notification sent by the United States Patent and Trademark Office (USPTO) to the International Bureau of the World Intellectual Property Organization (WIPO) after a patent is issued on an international design application designating the United States. This statement confirms that protection has been granted for the…
Read MoreWhat role does the state of the prior art play in enablement?
The state of the prior art is a critical factor in determining enablement. MPEP 2164.05(a) defines it as “what one skilled in the art would have known, at the time the application was filed, about the subject matter to which the claimed invention pertains.” The MPEP further explains: “The state of the prior art provides…
Read MoreWhat is the relationship between the state of the prior art and the enablement requirement?
What is the relationship between the state of the prior art and the enablement requirement? The state of the prior art plays a crucial role in determining the level of disclosure needed to satisfy the enablement requirement. MPEP 2164.03 states: “The state of the prior art provides evidence for the degree of predictability in the…
Read MoreWhat was the standard for granting an inter partes reexamination request?
The standard for granting an inter partes reexamination request changed over time. Initially, under 35 U.S.C. 312(a), the standard was whether “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” known as the SNQ standard. However, during the one-year transition period (September 16, 2011 to September…
Read MoreWhat standards are used to evaluate reexamination requests?
The standards used to evaluate reexamination requests have changed over time. For requests filed: Prior to September 16, 2011: The standard was “substantial new question of patentability” (SNQ). From September 16, 2011 to September 15, 2012: The standard was “reasonable likelihood that requester will prevail” (RLP). The MPEP provides specific language for each standard: “No…
Read MoreWhat is the standard term for a utility patent?
The standard term for a utility patent is 20 years from the filing date of the earliest application to which the patent claims priority. This is known as the “twenty-year term.” As stated in the MPEP, For applications filed on or after June 8, 1995, Section 532(a)(1) of the Uruguay Round Agreements Act (Public Law…
Read MoreWhat is the standard patent term for utility and plant patents?
What is the standard patent term for utility and plant patents? The standard patent term for utility and plant patents filed on or after June 8, 1995, is 20 years from the earliest effective U.S. filing date. This is established by 35 U.S.C. 154(a)(2), which states: “Subject to the payment of fees under this title,…
Read MoreWhat are the standard nucleotides not considered as “Modified Nucleotides” according to MPEP 2412.03(e)?
MPEP 2412.03(e) provides a list of standard nucleotides that are not considered “Modified Nucleotides”. These are: deoxyadenosine 3′-monophosphate deoxyguanosine 3′-monophosphate deoxycytidine 3′-monophosphate deoxythymidine 3′-monophosphate adenosine 3′-monophosphate guanosine 3′-monophosphate cytidine 3′-monophosphate uridine 3′-monophosphate These nucleotides represent the standard DNA (first four) and RNA (last four) building blocks. Any nucleotide that is not one of these standard…
Read MoreWhat is the standard for indefiniteness in patent claims?
The standard for indefiniteness in patent claims is based on the “reasonable certainty” test established by the Supreme Court. As stated in MPEP 2173.02: “A claim is indefinite when it contains words or phrases whose meaning is unclear. In re Packard, 751 F.3d 1307, 1314 (Fed. Cir. 2014). The test for definiteness under 35 U.S.C.…
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