501 Filing Papers With the U.S.Patent and Trademark Office

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Related Case Disclosures: Duty of Disclosure

Chapter 2000 should be updated to include the duty of disclosure requirements set forth in McKesson Information Solutions, Inc. v. Bridge Medical, Inc., 487 F.3d 897 (Fed. Cir. 2007). The update should cover what is a related application, how to determine whether the related application has substantially similar claims, that disclosure requires identification of the related application, references applied to reject substantial ...more »

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Telephone interview using PAIR documents

When an agent or attorney NOT of record requests a telephone interview, the examiner must work only from the "practicioner's file" (see MPEP § 713.05, and also see MPEP § 402). This makes it very difficult to have a telephone interview for the agent/attorney not of record. The MPEP should be updated to indicate that the examiner can also use the documents publicly available in PAIR - which for published applications ...more »

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Scope of Reexamination

MPEP 2258 (I)(C) should be clarified regarding whether it is limited to C-I-P or applications claiming priority of foreign, PCT or provisional applications. Should reexamination be available to challenge a patent based on intervening prior patents or printed publications where the continuation patent and its parent do not provide 112, 1st paragraph support for the claims? See MPEP 2258 (II) limitations.

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Searching window is small and unfriendly to use

Why can someone design better searching window and intelligent search method like google. The searching window is difficult to see and only few string oe operator is available and not user freindly.

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Papers submitted to USPTO will not be publicly searchable

MPEP Section 501 (and perhaps sections 103, 104, 707, 707.08, 1128, and 1730) should be edited to clearly reveal that the content (as opposed to metadata or "status information") of papers submitted by an applicant to the USPTO, and those communicated by the USPTO to the applicant, currently is NOT searchable via a publicly accessible database or the like. In particular (although surely searchable within the USPTO), ...more »

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Petitions Practice in Reexamination Proceedings

Chapters 2200 and 2600 should be revised and reorganized to provide separate sections on petitions practice under 37 CFR 1.181, 182 and 1.183. The types of petitions and their timing and content requirements should be identified, whether the petition is permissible or not and who decides the petition should be identified,

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