1700 Miscellaneous

§103 - problem-and-solution

Should §103 of the MPEP be completed with a lead-in section recommending examiners and applicants to frame their analysis on obviousness using the “problem-and-solution approach”?

See the article in ipWatchdog “Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness”.

Submitted by (@brianhjcronin)

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500 Receipt and Handling of Mail and Papers

Change 509.03's Roman numerals to subsections

509.03 is titled "Claiming small entity status." However, parts VI--X include information other than "how to claim," and part VII is how to *not* claim ("Removal of Status"). I request that parts I--X be changed to subsections 509.03(a)--509.03(j) so that they will appear in the PDF bookmarks, and so that the information in parts VI--X will be be easier to find. As always, thanks for considering this request!

Submitted by (@chrisw)

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400 Representative of Applicant or Owner

402.10: "less" should be "fewer"

Wow - first idea in this chapter!

 

Anyway, 402.10 (Nov. 2015) (p. 400-19, right column), first paragraph, says "Papers revoking ... will not be accepted ... when signed by less than all". I believe that should read "by fewer than all." Similarly, the title should "fewer" instead of "less." Thanks!

Submitted by (@chrisw)

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1800 Patent Cooperation Treaty

1893: Expressly reference amendments outside Chapter II

I think 1893 (Nov. 2015) and its subsections could improve clarity on the national-stage status of amendments other than those made during Chapter II. Currently: - 1893.01(d) mentions that a translation in the national stage should incorporate any Rule 26 corrections or Rule 91 rectifications. - 1893.03(e), I. references the WIPO pamphlet of the application, but does not specify the effect of any republications. ...more »

Submitted by (@chrisw)

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1800 Patent Cooperation Treaty

1893.03(e), I: Clarify language and procedure

In 1893.03(e), I.: The text notes that "If the international application is published in English, the Office will use the description, claims, abstract and drawings as published in the pamphlet for the U.S. national stage application under 35 U.S.C. 371." This statement is perfectly clear. However, I think it would benefit from some expansion. 1. I proposed expressly adding the logical consequence: "Therefore, any ...more »

Submitted by (@chrisw)

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1500 Design Patents

1504.05 typo

Could the sentence saying that serious burden on the examiner be corrected back to what it said in the previous version (there is clearly said it's inapplicable). Now the language where this is first discussed appeared to be missing something

Submitted by (@thomas.mcbride)

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200 Types, Cross-Noting, and Status of Application

Correct reference in MPEP 201.07

At the end of the first paragraph of MPEP § 201.07, it says "For more information on claiming the benefit of a prior nonprovisional application, see MPEP § 201.11." There is no MPEP § 201.11 This reference likely should be to MPEP § 211.01(b), which discusses claiming the benefit of a nonprovisional application.

Submitted by (@norrisboothe)

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