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1answer
34 views

How to handle uncooperative examiner

As a pro se inventor, my examiner seems to be taking advantage of my supposed ignorance. He understands neither my invention, his own references, nor the law. To my first amendment, he flagged up ...
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1answer
15 views

When are “new embodiments” new embodiments and when are new inventions?

Say for instance you have filed a provisional specification covering a first embodiment 1. You then start preparing for the subsequent non-provisional utility patent specification. During the drafting ...
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0answers
19 views

Examiner's liberal use of anticipation and obviousness

Is there a case were a patent was denied by an examiner, then later an almost identical patent was granted to another person through a different examiner?
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1answer
27 views

Miscitation between patents due to human error?

In reference to the patents: US8159357 and its citation US7439887 The patents seemingly have nothing to do with one another, yet the patent examiner added the citation US7439887 (GIF decompression) ...
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2answers
159 views

Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, ...
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2answers
90 views

What to do when the examiner does not follow the rules

The examiner of one of the patent applications that I am prosecuting is not following the rules. First, he ignored a request for a preliminary interview. Then he made unwarranted objections, first ...
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2answers
164 views

Claims - When is it a good idea to let the Patent Examiner make one for you?

I heard you can request the examiner formulate one claim for you. When is this a good idea? If the goal of a patent is to merely document the existence of some novelty without trying to claim the ...
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1answer
74 views

Are the patent examiner's notes available?

In Harold Urey's patent #2,690,379, Google Patents says that the patent examiner added a citation, but the patent itself doesn't say that. If I want to read the patent examiner's notes (assuming it's ...
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3answers
460 views

Prior art shared with the USPTO

The USPTO started allowing the public to submit prior art just last year. How will the public know if prior art that is submitted through the third party submission system was used to reject a patent ...