Question: How can patent applications be sent to the U.S. Patent and Trademark Office? Answer: All applications (provisional and nonprovisional) may be sent to the U.S. Patent and Trademark Office by mail using the United States Postal Service, or they may be hand-carried to the Customer Service Window in Alexandria, Virginia. Chapter Details: The answer […] The post MPEP Q & A 234: How can patent applications be sent to the USPTO? appeared first on Patent Education Series.

Patent Bar MPEP Q & A Podcast

MPEP Q & A 234: How can patent applications be sent to the USPTO?

Question: What are the application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees? Answer: Application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees are as follows: (A) For an application not claiming benefit of an earlier application, the actual […] The post MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees appeared first on Patent Education Series.

MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees

Question: Can social media websites like Facebook be a source of prior art? Answer: Social media websites on the Internet, such as YouTube, Twitter, Facebook, and public forum posts, can be a source of prior art, provided the public accessibility requirements are met. Not all information on social media is considered publicly accessible. Public accessibility […] The post MPEP Q & A 232: Can social media websites be a source of prior art? appeared first on Patent Education Series.

MPEP Q & A 232: Can social media websites be a source of prior art?

Question: What are the types of papers that may be filed and processed electronically? Answer: Registered users may use EFS-Web to submit web-based documents such as ePetitions, Requests for Withdrawal as Attorney or Agent of Record, and eTerminal Disclaimers. EFS-Web permits registered users to file the following auto-processed ePetitions, requests, and eTerminal Disclaimers: Request for […] The post MPEP Q & A 231: Types of papers that may be filed and processed electronically appeared first on Patent Education Series.

MPEP Q & A 231: Types of papers that may be filed and processed electronically

Question: When does a Markush claim contain an ‘improper Markush grouping’? Answer: A Markush claim contains an “improper Markush grouping” if either: (1) the members of the Markush group do not share a “single structural similarity” or (2) the members do not share a common use. Chapter Details: The answer to this question can be […] The post MPEP Q & A 230: What is an ‘improper Markush grouping’? appeared first on Patent Education Series.

MPEP Q & A 230: What is an ‘improper Markush grouping’?

Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) […] The post MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action? appeared first on Patent Education Series.

MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action?

Question: Who will be listed in the assignee section of a patent? Answer: The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or for any patent that is granted. Any desired change to the designated applicant must be made […] The post MPEP Q & A 228: Who is listed on the assignee section of a patent? appeared first on Patent Education Series.

MPEP Q & A 228: Who is listed on the assignee section of a patent?

Question: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. What are the requirements for request for a corrected publication? Answer: If the Office made a material mistake in […] The post MPEP Q & A 227: What are the requirements for request for a corrected publication? appeared first on Patent Education Series.

MPEP Q & A 227: What are the requirements for request for a corrected publication?

Question: When is a rejection on the ground of lack of utility appropriate? Answer: A rejection on the ground of lack of utility is appropriate when: it is not apparent why the invention is “useful” because applicant has failed to identify any specific and substantial utility and there is no well-established utility, or an assertion […] The post MPEP Q & A 226: When is a rejection on the ground of lack of utility appropriate? appeared first on Patent Education Series.

MPEP Q & A 226: When is a rejection on the ground of lack of utility appropriate?

Question: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification? Answer: Reasons, why the prior art element should not be considered an equivalent to the invention disclosed in the specification, may include: teachings in the specification that the particular prior art is […] The post MPEP Q & A 225: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification. appeared first on Patent Education Series.

MPEP Q & A 225: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification.

Question: What are the “Appropriate circumstances” to vacate the order granting reexamination? Answer: “Appropriate circumstances” exist to vacate the order granting reexamination where, for example: (A) the reexamination order is facially not based on prior art patents or printed publications; (B) reexamination is prohibited under 37 CFR 1.907; (C) all claims of the patent were […] The post MPEP Q & A 224: What are the “Appropriate circumstances” to vacate the order granting reexamination? appeared first on Patent Education Series.

MPEP Q & A 224: What are the “Appropriate circumstances” to vacate the order granting reexamination?

Question: Document size fees are only applicable to non-patent documents having greater than what number of pages? Answer: The document size fees are only applicable to non-patent documents having greater than 20 pages. Non-patent documents having 20 pages or less are not subject to the document size fees. Chapter Details: The answer to this question […] The post MPEP Q & A 223: What Size Non-Patent Documents Require Document Size Fees? appeared first on Patent Education Series.

MPEP Q & A 223: What Size Non-Patent Documents Require Document Size Fees?

Question: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and a claimed invention, to be treated as having been owned by the same person or subject to an obligation of assignment to the same person in applying common ownership […] The post MPEP Q & A 222: What are the Three Conditions That Must be Satisfied …? appeared first on Patent Education Series.

MPEP Q & A 222: What are the Three Conditions That Must be Satisfied …?

Question: AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor. What are they? Answer: AIA 35 U.S.C. 102(a)(2) sets forth three types of […] The post MPEP Q & A 221: What are the Three Types of Patent Documents Available as Prior Art …? appeared first on Patent Education Series.

MPEP Q & A 221: What are the Three Types of Patent Documents Available as Prior Art …?

Question: What was Section 42.208 paragraph (c) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.208 is amended by revising paragraph (c) to read as follows: * * * * * (c) Sufficient grounds. Post-grant review shall not be instituted […] The post MPEP Q & A 220: What are the Section 42.208 paragraph (c) Amendments? appeared first on Patent Education Series.

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Patent Bar MPEP Q & A Podcast

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