EB: Patent Prosecution Process (Part II): Notes Friday, April 8th

From Bill Goodwine's Wiki
Revision as of 11:33, 8 April 2011 by Ebingle (talk | contribs) (Created page with "Examination of Applications *Examiner searches the prior art *Can send back to the inventor for more information *Determine if invention is "useful, novel, nonobvious, and...clea...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigationJump to search

Examination of Applications

  • Examiner searches the prior art
  • Can send back to the inventor for more information
  • Determine if invention is "useful, novel, nonobvious, and...clearly described in the specification."
  • Burden on the examiner: must "clearly articulate" reasoning for rejection, giving the inventor the ability to respond to the accusations

New Matter: Section 132 "No amendment shall introduce new matter into the disclosure of the invention." Cannot expand your claims when you reissue, you can only narrow.

Final Rejection: You usually only get one chance to amend your application, after that it is rejected for good. Usually only get 1-6 months to respond (almost always have 3 months).