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Questions tagged [examiner]

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how would a patent examiner search for prior art on a patent application for a dating app?

There are literally 1000s of dating apps either on the market today or have went out of business. If a new patent application comes in with a feature for a dating app, will the patent examiner check ...
Bear Bile Farming is Torture's user avatar
1 vote
0 answers
11 views

does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 in Canada?

So does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 or is this table-misleading? https://mcmillan.ca/insights/forecast-2022-...
Coo's user avatar
  • 117
0 votes
2 answers
54 views

Do slow or difficult USPTO patent examiners frustrate companies to the extent that they reduce research and development?

The answer likely depends on 1) to what extent the firms rely on patenting, and 2) whether the firm can get around difficult examiners/art units. Please provide anecdotal examples or experiences, if ...
J Li's user avatar
  • 151
1 vote
0 answers
26 views

When does an inventor first learn who is her patent examiner?

After a patent is filed, the USPTO typically mails back the filing receipt before assigning the patent to an examiner. How long does it typically take to assign an examiner? When/how does the inventor ...
Luke's user avatar
  • 11
1 vote
2 answers
199 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 ...
Joorey A's user avatar
0 votes
1 answer
57 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 ...
PrivateUser's user avatar
0 votes
0 answers
59 views

Strategies for OA rejections on CIP when same claims allowed by different examiner for a preceding CON

I have a first OA on a CIP wherein the examiner has rejected claims identical to ones allowed in a related CON (actually granted now), which had a different examiner. (The rejections are not stated to ...
Charles's user avatar
  • 633
2 votes
3 answers
174 views

Very Difficult Low Productivity Examiner with Questionable Approach - What Options for Applicant? UPDATE

An institutional entity filed a patent application. It's tangential to their primary subject, and probably is a placeholder until refined. A few months later an individual (me) filed a significantly ...
Brian Coyle's user avatar
2 votes
1 answer
60 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 ...
bobster1287's user avatar
1 vote
4 answers
128 views

misinterpretation of key word by examiner

If an examiner deliberately insists on flagrantly misinterpreting the dictionary definition of a key word in a patent application in order to support his "belief" that another cited patent contains ...
terry pendle's user avatar
0 votes
1 answer
19 views

USPTO examiner audience

At what education level should I assume of the examiner. Is suspect that if I KISS it that will only help: is this correct? In not, Why? I am interested in applying for a utility patent with a ...
gatorback's user avatar
  • 711
1 vote
1 answer
263 views

Examiner ignores inventor's arguments against his owns

Here is the situation: my patent has gone through several Office Actions (OA). In the first 2 Office Actions, the examiner found some legitimate arguments against my application and I have amended ...
calocedrus's user avatar
1 vote
1 answer
720 views

What is the "easiest" way to get a new examiner?

Let's suppose I have an examiner that is "difficult" (I won't elaborate this further, but it might be easier to "refile" the patent than to continue with this examiner). I know just refiling the ...
user avatar
2 votes
1 answer
362 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 ...
Adrian May's user avatar
3 votes
1 answer
121 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 ...
Deon P Hugo's user avatar
2 votes
0 answers
26 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?
Jim Sparks's user avatar
2 votes
1 answer
92 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) ...
Dylan Madisetti's user avatar
1 vote
2 answers
1k 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, does ...
GGX's user avatar
  • 13
2 votes
2 answers
361 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 ...
Francisco Corella's user avatar
4 votes
2 answers
712 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 ...
JSH's user avatar
  • 429
0 votes
1 answer
137 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 ...
Bill Streifer's user avatar
4 votes
3 answers
674 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 ...
Maria's user avatar
  • 145