Statutory Invention Registration (SIR) (MPEP 1100)

December 14, 2007

This section of the MPEP is seldom tested on the exam. The following is general information regarding SIRs. At any time when an application for a nonprovisional patent is pending (and “complete” per MPEP 1100), an applicant may request that the specification and drawings be published as a statutory invention registration (SIR). A SIR is […]

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Prior Art, Classification and Search (MPEP 900)

December 14, 2007

Commercial review courses seldom cover material in MPEP Chapter 900 rationalizing that historically, this material is not tested on the Patent Bar Exam. Recent test takers have noted that the following subject matter from Chapter 900 does appear on the Prometric Patent Bar exam: Overview How do examiners search for prior art? The examiner, upon […]

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Citation of Prior Art and Ex Parte Reexamination of Patents (MPEP 2200)

December 13, 2007

Citation of Prior Art What? Presentation of prior art patents and/or printed pubs to the PTO for placement in a patent’s file Why? To ensure that art will be considered in subsequent reissue or reexamination proceedings Who? Any person, including the patent owner, but not examiners When? May cite prior art that has a bearing […]

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Q) Velcro (MPEP 700, Trademarks in Claims)

December 13, 2007

The Velcro trademark question deals with the rules about including trademarked names in an application. Trademarks are not allowed in claims (see 706.03(d)) but they ARE allowed in the specification (see 608.01(v)).   Fact Pattern A claim in a pending application was amended to define “a VELCRO fastener” as one of the elements. The specification […]

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Inter Partes Reexamination (MPEP 2600)

December 8, 2007

What is Different from Ex Parte Reexamination? applicable only to patents issuing from apps filed on or after 11/29/99 if request is granted, first OA is mailed with the order granting request if request is denied, partial refund no interviews are permitted during inter partes reexam 3rd party requestor may respond to patent owner’s reply […]

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Correction of Patents (MPEP 1400)

December 8, 2007

Chapter 1400: Fixing Mistakes in Already Issued Patents: (See 35 U.S.C. 251) Certificates of Correction A certificate of correction is a mechanism to correct minor, non-substantive inconsistencies between the application as prosecuted and the patent ultimately issued (clerical corrections). A certificate of correction cannot be used to add new matter or for patents that require […]

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