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Patent examiners at the United States Patent and Trademark Office (USPTO) examine patent applications for claims of new inventions. Examiners make determinations of patentability based on policies and guidance from this agency, in compliance with federal laws (Title 35 of the United States Code), rules, judicial precedents, and guidance from agency administrators.
Copies of listed U.S. patent literature do not need to be submitted along with the IDS as USPTO examiners have access to all U.S. patent literature. Foreign patent literature consists of patents issued in foreign countries, foreign application publications if they exist, and PCT international application publications. Non-patent literature ...
In patent law, a search report is a report established by a patent office, which mentions documents which may be taken into consideration in deciding whether the invention to which a patent application relates is patentable. [1] The documents mentioned in the search report usually form part of the prior art.
The Patent Office Professional Association (POPA) is a professional union of United States patent examiners. It was formed in 1964. [1] "Professional Representation for Patent Professionals." POPA represents all patent office professionals at the US Patent and Trademark Office including:
The bronze bust of Thomas Jefferson is at the far right. Researchers can access patent search databases within the facility. The USPTO web site provides free electronic copies of issued patents and patent applications as multiple-page TIFF (graphic) documents. The site also provides Boolean search and analysis tools. [100]
Many American patent practitioners believe, that the broad discretion given to the USPTO and the lack of judicial review on the issues of unity of invention, allow patent examiners to cynically "issue knee-jerk restriction requirements due to incentives at the USPTO to increase revenue or for examiners to perform less work for the same credit."
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In United States patent law, an Office action is a document written by a patent examiner in response to a patent application after the examiner has examined the application. [4] [5] The Office action cites prior art and gives reasons why the examiner has allowed, or approved, the applicant's claims, and/or rejected the claims.