Patent Cooperation Treaty (MPEP 1800)

November 28, 2007

Overview The Patent Cooperation Treaty (PCT) establishes a system for filing international patent applications. PCT is applicable to utility patents only, not design patents. General A PCT application that designates the US is a US patent application, even if it is filed in another receiving office. The 102(b) statutory bar is measured back from the […]

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Secrecy, Access, National Security & Foreign Filing (MPEP 100)

November 28, 2007

Access Information on the Status of an Application – is only available to an inventor, attorney of record, assignee of record, or a person with written authority from previous; and includes only the following: · whether the application is pending, abandoned, or patented; · the application number and filing date; and · whether one or […]

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Duty of Disclosure (MPEP 2000)

November 28, 2007

Who has the duty to disclose: each inventor; attorney; other people “substantially involved.”  (Members of the public are limited to prior art submissions to protest a pending application.) What: All information “material to patentability” must be disclosed.  Excludes favorable material.  Includes material information at time application is filed or become aware of during prosecution. How: […]

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Receipt and Handling of Mail and Papers (MPEP 500)

November 28, 2007

General Addressing of Correspondence – no penalty, expect to the general solicitor, to addressing the mail to the wrong area within the PTO Hand Delivery – all correspondence except relating to pending litigation can be hand delivered Express Mail – if USPS “Post Office to Addressee” service is used, use date of deposit Facsimile – […]

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35 USC 112, 6th paragraph (Means Plus Function Claims)

November 28, 2007

35 USC 112, 6th paragraph – “An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the […]

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35 USC 112, 2nd Paragraph (Claim Requirements)

November 28, 2007

35 USC 112, 2nd paragraph (definiteness requirement) – “The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.” There are two separate requirements set out by the second paragraph of §112, 2nd paragraph: 1) The claims must set forth the […]

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