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Patent Bar: MPEP > 2100 Sections: Patentability > Flashcards

2100 Sections: Patentability Flashcards

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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
Q

2113

A

Product-by-Process Claims

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26
Q

2114

A

Apparatus and Article Claims - Functional Language

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27
Q

2115

A

Material or Article Worked Upon by Apparatus

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28
Q

2116.01

A

Novel, Nonobvious Starting Material or End Product

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29
Q

2117

A

Markush Claims

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30
Q

2120

A

Rejection on Prior Art

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31
Q

2120.01

A

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

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32
Q

2120.02

A

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

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33
Q

2121

A

Prior Art; General Level of Operability Required to Make a Prima Facie Case

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34
Q

2121.01

A

Use of Prior Art in Rejections Where Operability is in Question

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35
Q

2121.02

A

Compounds and Compositions - What Constitutes Enabling Prior Art

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36
Q

2121.03

A

Plant Genetics - What Constitutes Enabling Prior Art

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37
Q

2121.04

A

Apparatus and Articles - What Constitutes Enabling Prior Art

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38
Q

2122

A

Discussion of Utility in the Prior Art

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39
Q

2123

A

Rejection Over Prior Art’s Broad Disclosure Instead of Preferred Embodiments

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40
Q

2124

A

Exception to the Rule That the Reference Must be Prior Art

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41
Q

2124.01

A

Tax Strategies Deemed Within the Prior Art

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42
Q

2125

A

Drawings as Prior Art

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43
Q

2126

A

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)

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44
Q

2126.01

A

Date of Availability of a Patent as a Reference

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45
Q

2126.02

A

Scope of Reference’s Disclosure Which Can Be Used to Reject Claims When the Reference Is a “Patent” but Not a “Publication”

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46
Q

2127

A

Domestic and Foreign Patent Applications as Prior Art

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47
Q

2128

A

Printed Publications as Prior Art

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48
Q

2128.01

A

Level of Public Accessibility Required

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49
Q

2128.02

A

Date Publication Is Available as a Reference

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50
Q

2129

A

Admissions as Prior Art

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51
Q

2131

A

Anticipation - Application of 35 U.S.C. 102

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52
Q

2131.01

A

Multiple Reference 35 U.S.C. 102 Rejections

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53
Q

2131.02

A

Genus-Species Situations

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54
Q

2131.03

A

Anticipation of Ranges

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55
Q

2131.04

A

Secondary Considerations

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56
Q

2131.05

A

Nonanalogous or Disparging Prior Art

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57
Q

2132

A

Pre-AIA 35 U.S.C. 102(a)

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58
Q

2132.01

A

Overcoming a Pre-AIA 35 U.S.C. 102(a) Rejection based on a Printed Publication or Patent

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59
Q

2133

A

Pre-AIA 35 U.S.C. 102(b)

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60
Q

2133.01

A

Rejections of Continuation-In-Part (CIP) Applications

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61
Q

2133.02

A

Rejections Based on Publications and Patents

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62
Q

2133.03

A

Rejections Based on “Public Use” or “On Sale”

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63
Q

2134

A

Pre-AIA 35 U.S.C. 102(c)

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64
Q

2135

A

Pre-AIA 35 U.S.C. 102(d)

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65
Q

2135.01

A

The Four Requirements of Pre-AIA 35 U.S.C. 102(d)

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66
Q

2136

A

Pre-AIA 35 U.S.C. 102(e)

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67
Q

2136.01

A

Status of Unpublished or Published as Redacted U.S. Application as a Reference Under Pre-AIA 35 U.S.C. 102(e)

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68
Q

2136.02

A

Content of the Prior Art Available Against the Claims

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69
Q

2136.03

A

Critical Reference Date

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70
Q

2136.04

A

Different Inventive Entity; Meaning of “By Another”

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71
Q

2136.05

A

Overcoming a Rejection Under Pre-AIA 35 U.S.C. 102(e)

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72
Q

2137

A

Pre-AIA 35 U.S.C. 102(f)

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73
Q

2138

A

Pre-AIA 35 U.S.C. 102(g)

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74
Q

2138.01

A

Interference Practice

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75
Q

2138.02

A

The Invention Was Made in This Country

76
Q

2138.03

A

By Another Who Has Not Abandoned, Suppressed, or Concealed It

77
Q

2138.04

A

Conception

78
Q

2138.05

A

Reduction to Practice

79
Q

2138.06

A

Reasonable Diligence

80
Q

2139

A

Rejections Under Pre-AIA 35 U.S.C. 102

81
Q

2139.01

A

Effective Filing Date of a Claimed Invention Under Pre-AIA 35 U.S.C. 102

82
Q

2139.02

A

Determining Whether To Apply Pre-AIA 35 U.S.C. 102(a), (b), or (e)

83
Q

2139.03

A

Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102

84
Q

2141

A

Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103

85
Q

2141.01

A

Scope and Content of the Prior Art

86
Q

2141.02

A

Differences Between Prior Art and Claimed Invention

87
Q

2141.03

A

Level of Ordinary Skill in the Art

88
Q

2142

A

Legal Concept of Prima Facie Obviousness

89
Q

2143

A

Examples of Basic Requirements of a Prima Facie Case of Obviousness

90
Q

2143.01

A

Suggestion or Motivation To Modify the References

91
Q

2143.02

A

Reasonable Expectation of Success Is Required

92
Q

2143.03

A

All Claim Limitations Must Be Considered

93
Q

2144

A

Supporting a Rejection Under 35 U.S.C. 103

94
Q

2144.01

A

Implicit Disclosure

95
Q

2144.02

A

Reliance on Scientific Theory

96
Q

2144.03

A

Reliance on Common Knowledge in the Art or “Well Known” Prior Art

97
Q

2144.04

A

Legal Precedent as Source of Supporting Rationale

98
Q

2144.05

A

Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions

99
Q

2144.06

A

Art Recognized Equivalence for the Same Purpose

100
Q

2144.07

A

Art Recognized Suitability for an Intended Purpose

101
Q

2144.08

A

Obviousness of Species When Prior Art Teaches Genus

102
Q

2144.09

A

Close Structural Similarity Between Chemical Compounds (Homologs, Analogues, Isomers)

103
Q

2145

A

Consideration of Applicant’s Rebuttal Arguments

104
Q

2146

A

Pre-AIA 35 U.S.C. 103(c)

105
Q

2146.01

A

Prior Art Disqualification Under Pre-AIA 35 U.S.C. 103(c)

106
Q

2146.02

A

Establishing Common Ownership or Joint Research Agreement Under Pre-AIA 35 U.S.C. 103(c)

107
Q

2146.03

A

Examination Procedure With Respect to Pre-AIA 35 U.S.C. 103(c)

108
Q

2147

A

Biotechnology Process Applications; Pre-AIA 35 U.S.C. 103

109
Q

2150

A

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
Q

2151

A

Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA

111
Q

2152

A

Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)

112
Q

2152.01

A

Effective Filing Date of the Claimed Invention

113
Q

2152.02

A

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
Q

2152.03

A

Admissions

115
Q

2152.04

A

The Meaning of “Disclosure”

116
Q

2152.05

A

Determining Whether To Apply 35 U.S.C. 102(a)(1) or 102(a)(2)

117
Q

2152.06

A

Overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) Rejection Based on a Printed Publication or Patent

118
Q

2152.07

A

Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 102

119
Q

2153

A

Prior Art Exceptions Under 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1)

120
Q

2153.01

A

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
Q

2153.02

A

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
Q

2154

A

Provisions Pertaining to Subject Matter in a U.S. Patent or Application Effectively Filed Before the Effective Filing Date of the Claimed Invention

123
Q

2154.01

A

Prior Art Under 35 U.S.C. 102(a)(2) “U.S. Patent Documents”

124
Q

2154.02

A

Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)

125
Q

2155

A

Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections

126
Q

2155.01

A

Showing That the Disclosure Was Made by the Inventor or a Joint Inventor

127
Q

2155.02

A

Showing That the Subject Matter Disclosed Had Been Previously Publicly Disclosed by the Inventor or a Joint Inventor

128
Q

2155.03

A

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
Q

2155.04

A

Enablement

130
Q

2155.05

A

Who May File an Affidavit or Declaration Under 37 CFR 1.130

131
Q

2155.06

A

Situations in Which an Affidavit or Declaration Is Not Available

132
Q

2156

A

Joint Research Agreements

133
Q

2157

A

Improper Naming of Inventors

134
Q

2158

A

AIA 35 U.S.C. 103

135
Q

2158.01

A

Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 103

136
Q

2159

A

Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA

137
Q

2159.01

A

Applications Filed Before March 16, 2013

138
Q

2159.02

A

Applications Filed on or After March 16, 2013

139
Q

2159.03

A

Applications Subject to the AIA but Also Containing a Claimed Invention Having an Effective Filing Date Before March 16, 2013

140
Q

2159.04

A

Applicant Statement in Transition Applications Containing a Claimed Invention Having an Effective Filing Date on or After March 16, 2013

141
Q

2161

A

Three Separate Requirements for Specification Under 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph

142
Q

2161.01

A

Computer Programming, Computer Implemented Inventions, and 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph

143
Q

2162

A

Policy Underlying 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph

144
Q

2163

A

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
Q

2163.01

A

Support for the Claimed Subject Matter in Disclosure

146
Q

2163.02

A

Standard for Determining Compliance With the Written Description Requirement

147
Q

2163.03

A

Typical Circumstances Where Adequate Written Description Issue Arises

148
Q

2163.04

A

Burden on the Examiner with Regard to the Written Description Requirement

149
Q

2163.05

A

Changes to the Scope of Claims

150
Q

2163.06

A

Relationship of Written Description Requirement to New Matter

151
Q

2163.07

A

Amendments to Application Which Are Supported in the Original Description

152
Q

2164

A

The Enablement Requirement

153
Q

2164.01

A

Test of Enablement

154
Q

2164.02

A

Working Example

155
Q

2164.03

A

Relationship of Predictability of the Art and the Enablement Requirement

156
Q

2164.04

A

Burden on the Examiner Under the Enablement Requirement

157
Q

2164.05

A

Determination of Enablement Based on Evidence as a Whole

158
Q

2164.06

A

Quantity of Experimentation

159
Q

2164.07

A

Relationship of Enablement Requirement to Utility Requirement of 35 U.S.C. 101

160
Q

2164.08

A

Enablement Commensurate in Scope With the Claims

161
Q

2165

A

The Best Mode Requirement

162
Q

2165.01

A

Considerations Relevant to Best Mode

163
Q

2165.02

A

Best Mode Requirement Compared to Enablement Requirement

164
Q

2165.03

A

Requirements for Rejection for Lack of Best Mode

165
Q

2165.04

A

Examples of Evidence of Concealment

166
Q

2166

A

Rejections Under 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, First Paragraph

167
Q

2171

A

Two Separate Requirements for Claims Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph

168
Q

2172

A

Subject Matter Which the Inventor or a Joint Inventor Regards as The Invention

169
Q

2172.01

A

Unclaimed Essential Matter

170
Q

2173

A

Claims Must Particularly Point Out and Distinctly Claim the Invention

171
Q

2173.01

A

Interpreting the Claims

172
Q

2173.02

A

Determining Whether Claim Language is Definite

173
Q

2173.03

A

Correspondence Between Specification and Claims

174
Q

2173.04

A

Breadth Is Not Indefiniteness

175
Q

2173.05

A

Specific Topics Related to Issues Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph

176
Q

2173.06

A

Practice Compact Prosecution

177
Q

2174

A

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
Q

2175

A

Form Paragraphs for Use in Rejections Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph

179
Q

2181

A

Identifying and Interpreting a 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, Sixth Paragraph Limitation

180
Q

2182

A

Search and Identification of the Prior Art

181
Q

2183

A

Making a Prima Facie Case of Equivalence

182
Q

2184

A

Determining Whether an Applicant Has Met the Burden of Proving Nonequivalence After a Prima Facie Case Is Made

183
Q

2185

A

Related Issues Under 35 U.S.C. 112(a) or (b) and Pre-AIA 35 U.S.C. 112, First or Second Paragraphs

184
Q

2186

A

Relationship to the Doctrine of Equivalents

185
Q

2187

A

Form Paragraphs for Use Relating to 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, Sixth Paragraph

186
Q

2190

A

Prosecution Laches and Res Judicata

Patent Bar: MPEP (31 decks)

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