May 12, 2023
Authored and Edited by Adriana L. Burgy; Stacy Lewis†
Although it does not have the force of rule or law, the Manual of Patent Examining Procedure (“M.P.E.P.”) is the guiding document for patent examiners. As such, it is a fundamental tool for patent prosecutors trying to guide patent applications through the prosecution process to issuance. Not only does it shed light on the USPTO’s approach and policy towards patentability topics, it also can provide a persuasive foundation for your patentability arguments.
On March 3, 2023, the USPTO announced revisions to the following chapters:
88 Fed. Reg. 13,437 (Mar. 3, 2023), https://mpep.uspto.gov/RDMS/MPEP/current
In addition, there are updates to Chapter FPC - Form Paragraphs Consolidated, the Foreword, the Introduction, the Subject Matter Index, and Appendices II, L, R, AI, and T. A change summary is provided at https://mpep.uspto.gov/RDMS/MPEP/current#/current/MPEP-ChangePage.html
Those changes potentially impacting everyday practice include, for example:
Note, M.P.E.P. sections have a revision indicator, e.g., R-07.2022, for the most current revision. Meaning those sections were revised to reflect USPTO patent practice and relevant case law as of July 31, 2022. Even though the M.P.E.P. revisions were not publicized until March 3, 2023, the effective date of the changes is, according to the USPTO, July 31, 2022. Practitioners need to not only consistently check that they understand the latest USPTO approach and policy with the most recent version of the M.P.E.P., but also ensure that they are using the current version of the M.P.E.P.
†Stacy Lewis is a Law Clerk at Finnegan.
Copyright © 2023 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Webinar
May 9, 2024
Webinar
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
At the PTAB Blog
USPTO Releases Notice of Proposed Rule Making Codifying Several Precedential Case Factors
April 25, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.