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Questions tagged [examination]

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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.

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1answer
16 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 ...
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1answer
27 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 ...
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1answer
69 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 ...
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1answer
38 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 ...
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2answers
50 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 ...
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2answers
89 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 ...
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1answer
46 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 ...
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1answer
81 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 ...
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1answer
257 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 ...
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2answers
41 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 ...
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2answers
33 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 ...
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2answers
89 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 ...
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1answer
95 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 ...
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3answers
199 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 ...
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3answers
246 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 ...
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1answer
50 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 ...
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2answers
160 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 ...
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1answer
186 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 ...
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2answers
251 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
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2answers
334 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 ...
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4answers
868 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 ...