What is the significance of ‘different inventive entity’ in MPEP 715.01(a)?
The concept of ‘different inventive entity’ is crucial in MPEP 715.01(a). It refers to situations where a reference (such as a patent or published application) names inventors that are not identical to those in the application being examined. The MPEP states:
‘Where the reference is a U.S. patent or application publication of a pending or patented application naming at least one inventor in common with the instant application, claim the benefit of a provisional application, non-provisional application or international application…’
This means that even if there’s a common inventor, the inventive entities are considered different if they’re not identical. This distinction is important because it affects how the USPTO treats the reference in relation to the current application, particularly regarding prior art considerations and potential rejections.
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