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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.
The Manual of Patent Examining Procedure (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications , and articulates their application to an enormous ...
The examination is intended to measure the applicant's familiarity with USPTO procedures, ethics rules, federal statutes, and regulations. The applicant is allowed to use an electronic copy of the Manual of Patent Examining Procedure (MPEP) in the computer-based examination (and historically had access to a paper copy of the MPEP for the pencil-and-paper test), but is strictly prohibited from ...
Patent examiners make up the bulk of the employees at USPTO. They hold degrees in various scientific disciplines, but do not necessarily hold law degrees. Unlike patent examiners, trademark examiners must be licensed attorneys. [citation needed] All examiners work under a strict, "count"-based production system. [48]
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."
This is published by the USPTO and is the reference manual used by both patent examiners and patent agents/attorneys. Chapter 2100, in particular, gives a comprehensive overview of the standards for patentability, a discussion of the related case law, and guidance on how to overcome an examiner's rejection of a given set of claims.
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 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.