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7
votes
4answers
671 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...
3
votes
2answers
191 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
1
vote
2answers
37 views

“Undue experimentation” - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
1
vote
1answer
29 views

Is it necessary that the reply to office action be made by attorney

I am asking in connection with USPTO filing. Lets say my patent is filed by a US attorney (I am not a US citizen). Now it goes through examination, and office action is sent. I want to know is it ...
1
vote
2answers
89 views

I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal?

In regards to Patent USD637920, I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal? Mine would be completly ...
1
vote
3answers
52 views

How specialized is a PHOSITA?

From the point of view of patentability, how specialized is “the art” of the “person having ordinary skill in the art” (PHOSITA)? For example, if I attempt to patent a widget that connects between ...
1
vote
1answer
179 views

Is application US20090055029 this fairly obvious?

This is basically "put a webserver on it and call it an invention" This sort of thing has been done on home routers and numerous other types of industrial equipment for many years. How would one go ...
1
vote
2answers
145 views

How can an individual participate in the examination process for US Patent Applications?

Is there a mechanism for the public to participate on the examination process of a patent under examination? More specifically, is there a mechanism, for a person or for a company, to submit ...
1
vote
0answers
12 views

What if statement about claims with effective filing date on or after March 16, 2013 is not submitted in time

CFR 1.78(a)(6) says that, if a non-provisional application claims the benefit of a provisional application filed before March 16, 2013 and contains, or contained at any time, a claim that has an ...