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Questions tagged [examiner]

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3
votes
1answer
31 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 ...
2
votes
4answers
63 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 ...
0
votes
1answer
15 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 ...
2
votes
1answer
107 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 ...
1
vote
1answer
213 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 ...
1
vote
1answer
260 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 ...
3
votes
1answer
89 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 ...
1
vote
0answers
25 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?
2
votes
1answer
62 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) ...
1
vote
2answers
699 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 ...
2
votes
2answers
297 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 ...
4
votes
2answers
524 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 ...
0
votes
1answer
119 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 ...
4
votes
3answers
546 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 ...