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Patent Bar: MPEP > 2100 Sections: Patentability > Flashcards

2100 Sections: Patentability Flashcards

1
Q

2103

A

Patent Examination Process

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2
Q

2104

A

Requirements of 35 U.S.C. 101

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3
Q

2104.01

A

Barred by Atomic Energy Act

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4
Q

2105

A

Patent Eligible Subject Matter - Living Subject Matter

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5
Q

2106

A

Patent Subject Matter Eligibility

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6
Q

2106.03

A

Eligibility Step 1: The Four Categories of Statutory Subject Matter

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7
Q

2106.04

A

Eligibility Step 2A: Whether a Claim is Directed to a Judicial Exception

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8
Q

2106.05

A

Eligibility Step 2B: Whether a Claim Amounts to Significantly More

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9
Q

2106.06

A

Streamlined Analysis

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10
Q

2106.07

A

Formulating and Supporting Rejections For Lack Of Subject Matter Eligibility

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11
Q

2107

A

Guidelines for Examination of Applications for Compliance with the Utility Requirement

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12
Q

2107.01

A

General Principles Governing Utility Rejections

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13
Q

2107.02

A

Procedural Considerations Related to Rejections for Lack of Utility

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14
Q

2107.03

A

Special Considerations for Asserted Therapeutic or Pharmacological Utilities

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15
Q

2109

A

Inventorship

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16
Q

2109.01

A

Joint Inventorship

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17
Q

2111

A

Claim Interpretation; Broadest Reasonable Interpretation

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18
Q

2111.01

A

Plain Meaning

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19
Q

2111.02

A

Effect of Preamble

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20
Q

2111.03

A

Transitional Phrases

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21
Q

2111.04

A

Adapted to, “Adapted for,” “Wherein,” “Whereby,” and Contingent Clauses

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22
Q

2111.05

A

Functional and Nonfunctional Descriptive Material

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23
Q

2112

A

Requirements of Rejection Based on Inherency; Burden of Proof

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24
Q

2112.02

A

Composition, Product, and Apparatus Claims

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25
2113
Product-by-Process Claims
26
2114
Apparatus and Article Claims - Functional Language
27
2115
Material or Article Worked Upon by Apparatus
28
2116.01
Novel, Nonobvious Starting Material or End Product
29
2117
Markush Claims
30
2120
Rejection on Prior Art
31
2120.01
Rejections Under 35 U.S.C. 102(a)(1) and (a)(2) and Pre-AIA 35 U.S.C. 102(a), (b), or (e): Printed Publication or Patent
32
2120.02
Rejections Under 35 U.S.C. 102(a)(1) or Pre-AIA 35 U.S.C. 102(a) or (b): Knowledge by Others, or Public Use, or On Sale
33
2121
Prior Art; General Level of Operability Required to Make a Prima Facie Case
34
2121.01
Use of Prior Art in Rejections Where Operability is in Question
35
2121.02
Compounds and Compositions - What Constitutes Enabling Prior Art
36
2121.03
Plant Genetics - What Constitutes Enabling Prior Art
37
2121.04
Apparatus and Articles - What Constitutes Enabling Prior Art
38
2122
Discussion of Utility in the Prior Art
39
2123
Rejection Over Prior Art's Broad Disclosure Instead of Preferred Embodiments
40
2124
Exception to the Rule That the Reference Must be Prior Art
41
2124.01
Tax Strategies Deemed Within the Prior Art
42
2125
Drawings as Prior Art
43
2126
Availability of a Document as a "Patent" for Purposes of Rejection Under 35 U.S.C. 102(a) or Pre-AIA 35 U.S.C. 102(a), (b), and (d)
44
2126.01
Date of Availability of a Patent as a Reference
45
2126.02
Scope of Reference's Disclosure Which Can Be Used to Reject Claims When the Reference Is a "Patent" but Not a "Publication"
46
2127
Domestic and Foreign Patent Applications as Prior Art
47
2128
Printed Publications as Prior Art
48
2128.01
Level of Public Accessibility Required
49
2128.02
Date Publication Is Available as a Reference
50
2129
Admissions as Prior Art
51
2131
Anticipation - Application of 35 U.S.C. 102
52
2131.01
Multiple Reference 35 U.S.C. 102 Rejections
53
2131.02
Genus-Species Situations
54
2131.03
Anticipation of Ranges
55
2131.04
Secondary Considerations
56
2131.05
Nonanalogous or Disparging Prior Art
57
2132
Pre-AIA 35 U.S.C. 102(a)
58
2132.01
Overcoming a Pre-AIA 35 U.S.C. 102(a) Rejection based on a Printed Publication or Patent
59
2133
Pre-AIA 35 U.S.C. 102(b)
60
2133.01
Rejections of Continuation-In-Part (CIP) Applications
61
2133.02
Rejections Based on Publications and Patents
62
2133.03
Rejections Based on "Public Use" or "On Sale"
63
2134
Pre-AIA 35 U.S.C. 102(c)
64
2135
Pre-AIA 35 U.S.C. 102(d)
65
2135.01
The Four Requirements of Pre-AIA 35 U.S.C. 102(d)
66
2136
Pre-AIA 35 U.S.C. 102(e)
67
2136.01
Status of Unpublished or Published as Redacted U.S. Application as a Reference Under Pre-AIA 35 U.S.C. 102(e)
68
2136.02
Content of the Prior Art Available Against the Claims
69
2136.03
Critical Reference Date
70
2136.04
Different Inventive Entity; Meaning of "By Another"
71
2136.05
Overcoming a Rejection Under Pre-AIA 35 U.S.C. 102(e)
72
2137
Pre-AIA 35 U.S.C. 102(f)
73
2138
Pre-AIA 35 U.S.C. 102(g)
74
2138.01
Interference Practice
75
2138.02
The Invention Was Made in This Country
76
2138.03
By Another Who Has Not Abandoned, Suppressed, or Concealed It
77
2138.04
Conception
78
2138.05
Reduction to Practice
79
2138.06
Reasonable Diligence
80
2139
Rejections Under Pre-AIA 35 U.S.C. 102
81
2139.01
Effective Filing Date of a Claimed Invention Under Pre-AIA 35 U.S.C. 102
82
2139.02
Determining Whether To Apply Pre-AIA 35 U.S.C. 102(a), (b), or (e)
83
2139.03
Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102
84
2141
Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103
85
2141.01
Scope and Content of the Prior Art
86
2141.02
Differences Between Prior Art and Claimed Invention
87
2141.03
Level of Ordinary Skill in the Art
88
2142
Legal Concept of Prima Facie Obviousness
89
2143
Examples of Basic Requirements of a Prima Facie Case of Obviousness
90
2143.01
Suggestion or Motivation To Modify the References
91
2143.02
Reasonable Expectation of Success Is Required
92
2143.03
All Claim Limitations Must Be Considered
93
2144
Supporting a Rejection Under 35 U.S.C. 103
94
2144.01
Implicit Disclosure
95
2144.02
Reliance on Scientific Theory
96
2144.03
Reliance on Common Knowledge in the Art or "Well Known" Prior Art
97
2144.04
Legal Precedent as Source of Supporting Rationale
98
2144.05
Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions
99
2144.06
Art Recognized Equivalence for the Same Purpose
100
2144.07
Art Recognized Suitability for an Intended Purpose
101
2144.08
Obviousness of Species When Prior Art Teaches Genus
102
2144.09
Close Structural Similarity Between Chemical Compounds (Homologs, Analogues, Isomers)
103
2145
Consideration of Applicant's Rebuttal Arguments
104
2146
Pre-AIA 35 U.S.C. 103(c)
105
2146.01
Prior Art Disqualification Under Pre-AIA 35 U.S.C. 103(c)
106
2146.02
Establishing Common Ownership or Joint Research Agreement Under Pre-AIA 35 U.S.C. 103(c)
107
2146.03
Examination Procedure With Respect to Pre-AIA 35 U.S.C. 103(c)
108
2147
Biotechnology Process Applications; Pre-AIA 35 U.S.C. 103
109
2150
Examination Guidelines for 35 U.S.C. 102 and 103 as Amended by the First Inventor To File Provisions of the Leahy-Smith America Invents Act
110
2151
Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA
111
2152
Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)
112
2152.01
Effective Filing Date of the Claimed Invention
113
2152.02
Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public)
114
2152.03
Admissions
115
2152.04
The Meaning of "Disclosure"
116
2152.05
Determining Whether To Apply 35 U.S.C. 102(a)(1) or 102(a)(2)
117
2152.06
Overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) Rejection Based on a Printed Publication or Patent
118
2152.07
Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 102
119
2153
Prior Art Exceptions Under 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1)
120
2153.01
Prior Art Exception Under AIA 35 U.S.C. 102(b)(1)(A) To AIA 35 U.S.C. 102(a)(1) (Grace Period Inventor Or Inventor-Originated Disclosure Exception)
121
2153.02
Prior Art Exception Under 35 U.S.C. 102(b)(1)(B) to AIA 35 U.S.C. 102(a)(1) (Inventor Or Inventor-Originated Prior Public Disclosure Exception)
122
2154
Provisions Pertaining to Subject Matter in a U.S. Patent or Application Effectively Filed Before the Effective Filing Date of the Claimed Invention
123
2154.01
Prior Art Under 35 U.S.C. 102(a)(2) "U.S. Patent Documents"
124
2154.02
Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)
125
2155
Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections
126
2155.01
Showing That the Disclosure Was Made by the Inventor or a Joint Inventor
127
2155.02
Showing That the Subject Matter Disclosed Had Been Previously Publicly Disclosed by the Inventor or a Joint Inventor
128
2155.03
Showing That the Disclosure was Made, or That Subject Matter had Been Previously Publicly Disclosed, by Another Who Obtained the Subject matter Disclosed Directly or Indirectly From the Inventor or a Joint Inventor
129
2155.04
Enablement
130
2155.05
Who May File an Affidavit or Declaration Under 37 CFR 1.130
131
2155.06
Situations in Which an Affidavit or Declaration Is Not Available
132
2156
Joint Research Agreements
133
2157
Improper Naming of Inventors
134
2158
AIA 35 U.S.C. 103
135
2158.01
Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 103
136
2159
Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
137
2159.01
Applications Filed Before March 16, 2013
138
2159.02
Applications Filed on or After March 16, 2013
139
2159.03
Applications Subject to the AIA but Also Containing a Claimed Invention Having an Effective Filing Date Before March 16, 2013
140
2159.04
Applicant Statement in Transition Applications Containing a Claimed Invention Having an Effective Filing Date on or After March 16, 2013
141
2161
Three Separate Requirements for Specification Under 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph
142
2161.01
Computer Programming, Computer Implemented Inventions, and 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph
143
2162
Policy Underlying 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph
144
2163
Guidelines for the Examination of Patent Applications Under the 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, first paragraph, "Written Description" Requirements
145
2163.01
Support for the Claimed Subject Matter in Disclosure
146
2163.02
Standard for Determining Compliance With the Written Description Requirement
147
2163.03
Typical Circumstances Where Adequate Written Description Issue Arises
148
2163.04
Burden on the Examiner with Regard to the Written Description Requirement
149
2163.05
Changes to the Scope of Claims
150
2163.06
Relationship of Written Description Requirement to New Matter
151
2163.07
Amendments to Application Which Are Supported in the Original Description
152
2164
The Enablement Requirement
153
2164.01
Test of Enablement
154
2164.02
Working Example
155
2164.03
Relationship of Predictability of the Art and the Enablement Requirement
156
2164.04
Burden on the Examiner Under the Enablement Requirement
157
2164.05
Determination of Enablement Based on Evidence as a Whole
158
2164.06
Quantity of Experimentation
159
2164.07
Relationship of Enablement Requirement to Utility Requirement of 35 U.S.C. 101
160
2164.08
Enablement Commensurate in Scope With the Claims
161
2165
The Best Mode Requirement
162
2165.01
Considerations Relevant to Best Mode
163
2165.02
Best Mode Requirement Compared to Enablement Requirement
164
2165.03
Requirements for Rejection for Lack of Best Mode
165
2165.04
Examples of Evidence of Concealment
166
2166
Rejections Under 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph
167
2171
Two Separate Requirements for Claims Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph
168
2172
Subject Matter Which the Inventor or a Joint Inventor Regards as The Invention
169
2172.01
Unclaimed Essential Matter
170
2173
Claims Must Particularly Point Out and Distinctly Claim the Invention
171
2173.01
Interpreting the Claims
172
2173.02
Determining Whether Claim Language is Definite
173
2173.03
Correspondence Between Specification and Claims
174
2173.04
Breadth Is Not Indefiniteness
175
2173.05
Specific Topics Related to Issues Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph
176
2173.06
Practice Compact Prosecution
177
2174
Relationship Between the Requirements of 35 U.S.C. 112(a) and (b) or Pre-AIA 35 U.S.C. 112, First and Second Paragraphs
178
2175
Form Paragraphs for Use in Rejections Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph
179
2181
Identifying and Interpreting a 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, Sixth Paragraph Limitation
180
2182
Search and Identification of the Prior Art
181
2183
Making a Prima Facie Case of Equivalence
182
2184
Determining Whether an Applicant Has Met the Burden of Proving Nonequivalence After a Prima Facie Case Is Made
183
2185
Related Issues Under 35 U.S.C. 112(a) or (b) and Pre-AIA 35 U.S.C. 112, First or Second Paragraphs
184
2186
Relationship to the Doctrine of Equivalents
185
2187
Form Paragraphs for Use Relating to 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, Sixth Paragraph
186
2190
Prosecution Laches and Res Judicata

Patent Bar: MPEP (31 decks)

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