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.

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9
votes
4answers
875 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 ...
6
votes
2answers
254 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 ...
4
votes
1answer
84 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 ...
4
votes
2answers
54 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
91 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 ...
3
votes
1answer
40 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 ...
3
votes
2answers
161 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 ...
2
votes
1answer
280 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 ...
2
votes
1answer
96 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 ...
2
votes
2answers
335 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
4answers
267 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
3answers
227 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
2answers
75 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 ...
1
vote
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 ...
1
vote
2answers
93 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 ...
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 ...
1
vote
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 ...
0
votes
1answer
75 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 ...
0
votes
1answer
38 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
48 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 ...
0
votes
2answers
64 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
2answers
44 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 ...
0
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0answers
13 views

MPEP biotechnological patents

I am looking for specific requirements and examination procedure MPEP for evaluating Patent related to biotechnology specially proteins and the nucleic acid encoding the same.