What are Form Paragraphs 7.48.aia and 7.48.fti in patent rejections?
Form Paragraphs 7.48.aia and 7.48.fti are standardized text used by patent examiners to reject claims based on an applicant’s failure to present claims for interference. These paragraphs are described in MPEP 2304.04(c).
The main difference between the two is:
- 7.48.aia is used for applications filed on or after March 16, 2013, under the America Invents Act (AIA).
- 7.48.fti is used for applications filed before March 16, 2013, under the first-to-invent system.
Both paragraphs state: “Failure to present claims and/or take necessary steps for interference purposes after notification that interfering subject matter is claimed constitutes a disclaimer of the subject matter.”
These form paragraphs provide a standardized way for examiners to communicate rejections based on disclaimer due to failure to engage in interference proceedings.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(C) - Rejections Based On Disclaimer,
Patent Law,
Patent Procedure