MISCELLANEOUS - Appendices and Other

Index link to sec. 503 is broken (Jan. 2018) (bug?)

Jan. 2018, using Acrobat v11.0.23. In the index, on p. 35, left column, lines 4 and 6, the links to section 503 do not take me there when I click them. I checked them by going to Tools | Interactive Objects | Select Object, right-clicking each one in turn, and choosing Properties | Actions. The Action shows as "Go to a page in another document," which is correct. However, the File shows as "C:\(the path to the PDFs)\.pdf" ...more »

Submitted by (@chrisw)

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2100 Patentability

". to ." for 2106

Eighteen portions of the newly-edited 2106 place periods outside of quotes. This is still not generally accepted in American grammar, and is inconsistent with the section as a whole (eighty-four instances of periods within the quoted text).

 

There are also twenty-five great number of commas outside of quotes (as opposed to thirty-two within).

Submitted by (@jasonliao)

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2100 Patentability

Another outline level in 2106.05(I)(A)

Add a "1," before "Limitations that the courts have found to qualify as "significantly more" when recited in a claim with a judicial exception include: " Add a "2." before "Limitations that the courts have found not to be enough to qualify as "significantly more" when recited in a claim with a judicial exception include:" If discussing Alice step B, in order to cite the MPEP for any particular class of limitation, ...more »

Submitted by (@jasonliao)

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2100 Patentability

MPEP 2106.05

I believe this section could be improved if there were more subheading designations within the section. For example under section A (Relevant Considerations for Evaluating Whether Additional Elements Amount to An Inventive Concept) there are two separate lists (Limitations that the courts have found to qualify as "significantly more" and Limitations that the courts have found not be enough to qualify as "significantly ...more »

Submitted by (@james.nigh)

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MISCELLANEOUS - Appendices and Other

App. L: A few typos in 35 USC 119 and 120 (Jan. 2018)

1. App. L (Jan. 2018) at L-29, left column, in 35 USC 119(a): comma placement:

 

"...section 41(a)(7)

, pursuant to which..."

 

should read

"...section 41(a)(7),

pursuant to which..."

 

2. Id. at L-30, right column, 35 USC 120: spacing:

 

"...or as provided by section 363 or 385which"

 

should read

 

"...or as provided by section 363 or 385 which"

 

(with space after "385")

 

Thanks!

Submitted by (@chrisw)

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2100 Patentability

2106.03, I: clarify Nuijten paragraph "tangible" explanation

Please see MPEP 2106.03, I. (Jan. 2018), at 18, right column. The second non-bulleted paragraph (“paragraph A”) begins: “Even when a product has a physical or tangible form, it may not fall within a statutory category” (at 2100-19). Since paragraph A solely relates to Nuijten,* I suggest revising paragraph A to expressly relate to signals, and to clarify the meaning of “tangible.” For example, I propose revising paragraph ...more »

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2100 Patentability

2141.01(a) Analogous and Nonanalogous Art

Why is the following quote from KSR included in this section about analogous art?: “Under the correct analysis, any need or problem known in the field of endeavor at the time of the invention and addressed by the patent [or application at issue] can provide a reason for combining the elements in the manner claimed. ” KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 420, 82 USPQ2d 1385, 1397 (2007). The 'problem' being ...more »

Submitted by (@mspark)

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MISCELLANEOUS - Appendices and Other

Links in MPEP Paragraphs as Popups?

MPEP paragraphs often contain explanatory links to other short sections, laws, rules, etc. They would be easier to comprehend if the links were displayed as popups so the reader wouldn't have to jump back and forth in the manual. I've never seen popup footnotes or links in pdf myself, but I've seen references to such in a brief search, so I guess it's possible: https://accessible-digital-documents.com/blog/accessible-pdf-footnotes-endnotes/ ...more »

Submitted by (@patentagentman)

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1300 Allowance and Issue

1306 could reference 35 USC 21(b) - weekend rule

MPEP 1306 (Issue Fee) opens with "The issue fee ... [is] due 3 months from the date of the Notice of Allowance." However, as far as I know, the weekend rule of 35 USC 21(b) still extends the time period if it would otherwise end on a weekend. Could 1306 be amended to reference this statute, for completeness? 35 USC 151 Issue of Patent.--- (a) ... The notice shall specify a sum ... which shall be paid within 3 months ...more »

Submitted by (@chrisw)

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2100 Patentability

2111.05 "or process" lacks cited support

In MPEP 2111.05, either citations to related-to-process based decisions should be provided, or the subheadings should be altered to remove parenthetical reference to processes. The two subheadings in question are: I. DETERMINING WHETHER A FUNCTIONAL RELATIONSHIP EXISTS BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS) II. FUNCTIONAL RELATIONSHIP BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS) ...more »

Submitted by (@jasonliao)

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600 Parts, Form, and Content of Application

608.04(b) could reference 1893.03(e)

608.04(b) (Jan. 2018) says: > Applicants can avoid the need to file a preliminary amendment by incorporating any > desired amendments into the text of the specification, even where the application is > a continuation or divisional application of a prior-filed application. Applicants are > strongly encouraged to avoid submitting any preliminary amendments. However, this "strong[] encourage[ment]" does not apply to national-stage ...more »

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