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MPEP > 2100 Content Flashcards > Flashcards

2100 Content Flashcards

1
Q

35 USC 101 Patent Categories

A
  1. Process 2. Machine 3. Manufacturing 4. Composition of Matter
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2
Q

Alice Mayo Method

A

Must be directed towards:

  1. Method or Process
  2. Machine
  3. Article
  4. Composition
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3
Q

USC 101 Judicial Exceptions

A
  1. Laws of Nature
  2. Natural Penomena
  3. Abstract Ideas
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4
Q

Process/Method

A

Acts or Series of Acts/Steps

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5
Q

Machine

A

Concrete thing consisting parts or a combination of devices

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6
Q

Manufacture

A

Something new produced from raw materials that is a new form

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7
Q

Composition of Matter

A

Combos of 2 or more substances either chemically or mechanically combined (even if doesnt last liong)

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8
Q

Broadest Interpretation

A
  • BRI is given by examiner
  • sets boundaries for claims and confirms if part of statutory categories
  • Helps show utility of the claimed invention
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9
Q

Inelligible Under 101

A 
Transistory Forms of signal transmisson
Humans
legal copntracts
computer programs
companies
data
printer matter
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10
Q

Tax Strategy

A

Explicitly banned by the AIA unless something like turbo tax

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11
Q

Comprising

A
  • Transitional Phrase

- inclusive and does not close off any additional elements

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12
Q

Consisting Of

A
  • Transitional Phrase

- Excludes anything not listed in the claim

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13
Q

Consisting Essentially Of

A
  • Transitional Phrase

- limits scope of claim to specified materials or steps

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14
Q

New Uses of Known Componds

A

New function or unknown property in prior art is not patentable
something old does not become patentable with discovery of new property

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15
Q

Product by Process Claims

A
  • Patentability are based on results only
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16
Q

Abandoned Applications

A

Can still be used as prior art when refrenced in disclosure of another patent, publication, or voluntary disclosure 37 CFR 1.139

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17
Q

Printed Publications Prior Art

A
  • Considered prior art if avail to public
  • still prior if restricted to if made avail to those skilled in art
  • oral speech can be if speech transcribed and distributed
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18
Q

Commercial Exploitation

A

Premature commercial exploitation of completed or semi completed invention
-prior art if commercial exploitation is determined

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19
Q

Factors for Commercial exploitation

A
  • Preparation of various commercial documents
  • Preparation of price lists
  • Demonstration of models or prototypes
  • Use of invention where admission fee is charged
  • advertising in publicity releases
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20
Q

Experimental Activity by Sup. Court

A
  • Testing had to be somewhat public
  • Testing needed to be a long period of time
  • Testing conducted under supervision and control of inventor
  • Inventor regularly inspected the invention during period
  • extent of testing actually done
  • extent of any obligations or limitations placed on user
  • length of time and number of cases
  • explicit or implicit obligations placed on user to provide feedback
  • Disclosures made by inventor to point out defficiences
  • effort on inventor to samples
  • doctor/patient relationship where doctor carried out experiment
21
Q

Extra Experiment Req

A

Inventor maintained sufficient control
Developmental testing was allowed
Marking Testing not allowed
Experimental activity in context of design

22
Q

Inventorship

A
  • Contributed to conception of invention

- not required to reduce invention to practice

23
Q

Conception of Invention

A

Complete performance of the mental part of inventive act

24
Q

Joint Inventorship

A
  • Same rules of inventorship

- Must be some kind of obligation in place

25
Q

Reduction to Practice (two types)

A

Two Types:

  1. Actual Reduction - invention sufficiently tested to demo that it will work as intended
  2. Constructive Reduction- device is simple and purpose is obvious the construction alone is enough to show workability
26
Q

Reasonable Diligence

A
  • Reasonable diligence was done during the work
  • Period must be accounted for via affirmative acts or acceptable excuses
  • without diligence you can lose applciation
27
Q

35 USC 103 Obviousness

what is and steps

A

Cant make something obvious based on prior art
Steps for determining obviousness
1. Determination of scope and contents of prior art
2. Ascertain differences between prior art and claims
3. resolve the level of ordinary skill in relevant art
4. evaluate the evidence of secondary considerations

28
Q

103 Tennants Examiner Follows

A
  1. Claimed invention considered as a whole
  2. References must be considered as a whole and suggest desirability and obviousness of making the combination
  3. references must be viewed without benefit of impermissible hindsight afford by the CI
  4. Reasonable expectation of success
29
Q

Factors to Determine Level of Ordinary Skill

A
  1. Education level of inventor
  2. type of problems encountered in the art
  3. prior art solutions to those problems
  4. rapididty with which innovations are made
    sophistication of tech
    educational level of active workers in field
30
Q

Joint Research Agreement

A
  • AIA 35 USC 102 (b)(2)(C)
  • SM disclosed was developed and CI was made by one or more parties to a Joint agreement before eff. filing date
  • CI was made as a result of activities undertaken within scope of agreement
  • Application for patent for CI discloses names of parties to the joint research agreement
31
Q

AIA 35 USC 103

A
  • Focuses on connection btwn prior art and CI

- Focus of prior art before eff. filing date

32
Q

Specification Requirement

35 USC 112 (a)

A
  1. Written description of the invention (reasonably clarity)
  2. Enablement
  3. Best Mode
    Issues usually occur when claims are changed to either broaden or narrow the limitations
33
Q

If Issue with Written Description

A

Submit admendment to clarify claim or add new claim

new claim must be supported by description of CI

34
Q

Enablement Requirement

A

Requires that specification describe how to make and use CI
Defined by the claims of the application
Ensures invention is communicated to the public in meaningful way
need at least one method
can be working or prophetic

35
Q

Best Mode Requirement

A

Safe guard from people keeping best mode for themselves
disclosure that includes the best mode is enough
updating best mode is not required

36
Q

Two Requirements for Claims Under 35 USC 112

A

Claims must set forth the SM that applicants regard as their claimed invention
Claims must particularly point out and distinctly define the mets and bounds of SM to be protected

37
Q

Markush Group

A

Alternative expressions if no uncertainty or ambiguity present
members being selected from the group consisting of A,B, and C.

38
Q

Negative Limitiations

A

Nothing wrong with negative limitations

39
Q

Prolix

A

When examiner rejects a claim for being to wordy

contain long ecitations or unimportant details

40
Q

Multiplicity

A

Rejection when unreasonable number of claims present

41
Q

Use Claim

A

Attempts to claim a process without setting orth any steps invloved in the process

42
Q

Omnibus Claim

A

Rejection under 112 (b) when device shown and described without specifics

43
Q

Trademarks/Trade Names

A

Presence of these in claim is not techinially improper under 35 USC 112 (b)
if used in claim as a limitation to ID or describe material then claim does not comply

44
Q

35 USC 112 (f) Limit

A

Invoked if Claim:

  1. limitations use the phrase “means for” or “step for”
  2. Means for or step for must be miodified by functional language
  3. phrases means/steps for must not be modified by structure, material or acts for achieving specified function
45
Q

Definite Claim

A

Applicant clearly and concisely defines the metes and bounds of the CI
Ensures those trained in art understand application

46
Q

Indefinite Claim

A

Claim language is to ambiguous for those trained in art to understand what is being claimed as the invention
Up to applicant to correct via an amendment

47
Q

Anticipation of Claim

A

Claims are considered anticipated when each and every element is taught in a prior art reference

48
Q

Court Defines Utility

A

Practical Utility
Specific Utility
Substantial Utility

For all utility, device does not need to be operable or commercial ready

MPEP (4 decks)

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