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3 votes
Accepted

Examiner ignores inventor's arguments against his owns

First, call the supervisor (SPE). His/her name and number should be listed at the end of each office action. Most likely the SPE will set up an interview with you, the examiner and the SPE. During ...
Riccati's user avatar
  • 469
3 votes

How do patent offices assure examiners are qualified to examine a patent?

They are all required to have at least a B.S in a science or engineering field but are not necessarily assigned to their specific expertise. Much of the subject matter education is on the job. ...
George White's user avatar
  • 29.1k
2 votes

misinterpretation of key word by examiner

Eric Shain provides a good answer which can work. There is a risk associated with that route, though: you might upset the examiner by going over his/her head. At the end of the day, if going to the ...
jdpatent's user avatar
  • 237
2 votes

misinterpretation of key word by examiner

I'm not a lawyer, but during the prosecution of one of my patents, the examiner was clearly misinterpreting some prior art. Sort of the equivalent of saying that a bicycle is the technical equivalent ...
Eric S's user avatar
  • 11.2k
2 votes
Accepted

How patent claims are examined by an examiner?

Any claim that is not either objected to or rejected is inherently accepted so they all need to be dealt with in the first office action. The independent claim might be non-novel or obvious but any of ...
George White's user avatar
  • 29.1k
2 votes

Contact the supervisory patent examiner (SPE)

Normally SPEs do not examine patent applications but are examined by PEs/AEs. PEs/AEs apprise, consult respective SPE and office action intimation are issued as suggested or advised by SPE. Your ...
AD Adhikary's user avatar
  • 1,072
2 votes

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

To be clear, I am asking whether or not the patent examiner will search through live implemented software applications in production, not just past documents or patents. This portion of the question ...
bhuff36's user avatar
  • 645
1 vote

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

The examining corps has been searching for everything under the sun for many many decades. They are organized into art units that specialize in fairly narrow categories and develop expertise in their ...
George White's user avatar
  • 29.1k
1 vote

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

This is entirely anecdotal. I worked for years in a large medical products firm. Patents were essential and R&D spending was not impacted by patent office challenges. However, it is certainly ...
Eric S's user avatar
  • 11.2k
1 vote
Accepted

Contact the supervisory patent examiner (SPE)

From your question it looks like it has come off a queue and been assigned to an art unit. The SPE is the manager of the art unit and has the job to assign the examination to someone in that unit. ...
George White's user avatar
  • 29.1k
1 vote

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

In my country we can ask for a senior patent examiner to review the matter. I have previously used that as a technique to have the examiner have a realistic viewpoint. Also we have an appeals process ...
Nicole Murdoch's user avatar

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