Ask Patents

Questions tagged [examination]

Ask Question

This tag is for questions relating to the examination process of intellectual property right applications. For questions regarding patentability please include the patentability tag. Please also include the relevant tag for the kind of protection - invention patent, utility model or design patent.

26 questions
Newest
Active
Bountied
Unanswered
Filter by
Sorted by
Tagged with
0
votes
1answer
36 views

Difficult examiner

How to deal or replace a difficult examiner. He allowed three patents and now he is fighting against a fourth one, which is a subset of them. Could an examiner take action? Override his decisions?
1
vote
1answer
29 views

Will a request for expedited examination of a CIP force an office action on a languishing parent application?

I have one patent application filed and two more coming soon, all on the same general subject matter. Application A was filed in 2018 and has yet to see action, and I will soon be filing applications ...
0
votes
2answers
37 views

Is there a professional cost efficient novelty search?

I had a novelty search by the UK IPO and it was extremely poor compared to the one by EPO. Maybe the difference in the fees justifies that as it is £300 vs £1,500. Is there any particular office who ...
0
votes
1answer
38 views

Non-provisional patent - Examiner error

Base of problem Let's assume timelines as follows. Application examiner just makes error during search. He didn't see that in their database there is provisional patent application for same thing. ...
1
vote
2answers
106 views

Contact the supervisory patent examiner (SPE)

I got a response from USPTO about my application: The application is waiting to be assigned a examiner. The SPE has it right now and the SPE name is **** and the phone number is ()-****. My questions ...
0
votes
2answers
171 views

Terminal disclaimer filed after final office action

I managed to mess up and filed a terminal disclaimer shortly after the Examiner had already responded with a final office action. The Examiner made it clear in their response that the claims were ...
0
votes
1answer
44 views

How patent claims are examined by an examiner?

I would like understand how a patent application get examined. Let's say, I have 1 independent claim and 99 level 1 dependent claims. Does that mean, the examiner search for prior art for all 99 ...
0
votes
1answer
235 views

Is a non-disclosed patent application treated as prior art for a subsequent patent

Suppose a non-provisional Patent Application-A has requested on day-0 (filing date) a non-disclosure till grant date. Now during the examination process for Patent-A a different patent ...
3
votes
1answer
47 views

How do patent offices assure examiners are qualified to examine a patent?

As we know, a patent grants a monopoly for some period. I've been reviewing patent applications. It appears that typically only one patent examiner reads the application. It seems problematic that ...
4
votes
2answers
57 views

Examination of applications with matter in more than one art unit/classification?

It is not uncommon for patent applications to relate to "systems" comprising subject matter relating to more than one examination art unit and/or classification. Consider a self-driving car patent ...
3
votes
2answers
98 views

Does Chinese Patent Examination Lack Rigor?

Based on a few utility patent prosecution histories I've looked through (at least based on their "translated" documents in USPTO Global Dossier), it appears that Chinese examiners make little effort ...
0
votes
1answer
58 views

What happens if a patent has claims that infringes prior art got granted?

Suppose company A thought they developed something new and attempted to patent it. But in actuality company B already patented the same thing a few months ago. However when company A was filing the ...
4
votes
1answer
89 views

In the attempt to address claim rejections, how much assistance can I get from the examiner who handled my application?

I have received a First Office Action, and this is a new experience for me. As many had advised and warned me to expect at this stage, the claims are rejected. The examiner's report appears to ...
2
votes
1answer
333 views

Does a “Petition to Make Special Based on Age” (65+) type of Accelerated Examination still have the same 3/20 claims limitation?

The more complete question is: Does a “Petition to Make Special Based on Age” (65+) type of Accelerated Examination still have the same search documentation and 3/20 (3 independent, 20 total) claims ...
0
votes
2answers
46 views

Where can I find german patent examination?

I know that for a US patent I have to go on public pair to check the exchange between the patent examiner and patent attorney or inventor. But I'm looking for the same data for a german patent. I ...
1
vote
2answers
35 views

A question on NoA

I received the NoA last month. On one hand it says that the Patent is allowed, and on the the other hand I read this line: THIS NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS Once I get a ...
1
vote
2answers
101 views

Canceled claims considered prior art?

If the application for US 7,156,537 B2 was rejected on two occasions during examination and two claims were canceled from the patent, then why is the figure associated with the canceled claims still ...
2
votes
1answer
98 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 ...
1
vote
3answers
256 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
4answers
302 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
51 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 ...
3
votes
2answers
164 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
1answer
191 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 ...
6
votes
2answers
257 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 ...
2
votes
2answers
339 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 ...
9
votes
4answers
890 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 ...

Your privacy

By clicking “Accept all cookies”, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy.