Questions tagged [examination]
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.
28
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2
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Does the classification process of an innovation have to be done by an examiner before he/she select the prior art that'd form an objection on novelty
Good Day to all. I am being challenged by an IP Australia examiner that my innovation lacks subject matter. The examiner however never did classification proceding and presents 4 bits of prior art ...
1
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2
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117
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Is it worth it to apply for a preliminary examination in a PCT process?
How does a preliminary examination report help in the PCT and patenting process?
What are the consequences and advantages of international preliminary examination?
Is it worth it in terms of time and ...
- 61
0
votes
1
answer
39
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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?
- 173
1
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1
answer
30
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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 ...
- 227
0
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2
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43
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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 ...
- 123
0
votes
1
answer
38
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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.
...
- 5
1
vote
2
answers
121
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 ...
- 25
0
votes
2
answers
227
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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
1
answer
47
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 ...
- 373
0
votes
1
answer
273
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 ...
- 143
3
votes
1
answer
49
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 ...
- 31
4
votes
2
answers
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 ...
- 1,186
3
votes
2
answers
99
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 ...
- 1,186
0
votes
1
answer
59
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 ...
- 187
4
votes
1
answer
94
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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 ...
- 793
2
votes
1
answer
337
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 ...
- 793
0
votes
2
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47
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 ...
- 121
1
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2
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35
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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 ...
- 271
1
vote
2
answers
106
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 ...
- 11
2
votes
1
answer
99
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
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3
answers
260
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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 ...
- 131
1
vote
4
answers
317
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 ...
- 111
1
vote
1
answer
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 ...
- 271
3
votes
2
answers
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
1
answer
192
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 ...
prior-art-request
6
votes
2
answers
261
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 ...
- 766
2
votes
2
answers
340
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 ...
- 21
9
votes
4
answers
895
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 ...
- 281
Related Tags
prior-art × 4
uspto × 3
examiner × 3
patentability × 2
usa × 2
classification × 2
claims × 1
software × 1
law × 1
international × 1
pct × 1
search × 1
novelty × 1
disclosure × 1
process × 1
utility × 1
fees × 1
specification × 1
office-action × 1
attorney × 1
rejection × 1
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