4 votes
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How to handle uncooperative examiner

As a pro se inventor, my examiner seems to be taking advantage of my supposed ignorance. False. You are most likely not being singled out because you are a pro se applicant. Examiners are after “...
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  • 1,013
4 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. ...
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  • 25.6k
3 votes
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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 ...
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  • 511
3 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 ...
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  • 317
3 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 ...
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  • 9,712
3 votes

When are "new embodiments" new embodiments and when are new inventions?

However you are not sure the examiner is correct. Examiners decisions are frequently overturned by the courts. Yes, Examiners can be wrong, but failure of an Examiner to issue a restriction ...
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  • 1,013
3 votes
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Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

Before publication, the examiner can't cite it. After it publishes, it can be used as prior art, back dated with the date of the filing or priority date. To contrast a patent with other publications:...
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2 votes

What to do when the examiner does not follow the rules

Call the examiner's supervisor (SPE).
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  • 549
2 votes
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Miscitation between patents due to human error?

This is an obvious error. The US 7,439,877 patent citation is the correct one because it is in the same space and has the same inventor as the patent in question. The two identifiers are only off by a ...
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  • 1,775
2 votes

USPTO examiner audience

None. The examiner is not the person you should have in mind when determining how you explain your invention. The “person skilled in the art“ must be able to make/build your invention from the ...
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  • 5,827
2 votes
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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 ...
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  • 25.6k
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 ...
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  • 1,202
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 ...
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  • 9,712
1 vote
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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. ...
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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 ...
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1 vote
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What is the "easiest" way to get a new examiner?

The normal practice at the USPTO is that all co_pending applications (continuations, divisionals, CIP) are examined by the same examiner. The only way that I know to change examiners is if the ...
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1 vote

Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

Priority is a tricky issue. Just because an applicant claims priority from some other application does not automatically mean it is valid. The examiner may find the priority claim to be unfounded. ...
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1 vote
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What to do when the examiner does not follow the rules

If the SPE doesn't help, call the ombudsman's office or the TC director.
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1 vote

Claims - When is it a good idea to let the Patent Examiner make one for you?

If the goal of a patent is to merely document the existence of some novelty without trying to claim the world while you are at it, can an examiner's claim speed the process along? If the patent ...
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