238 episodes

Brought to you by PatentEducationSeries.com, based on their widely popular Patent Bar Review Course ... the PES Patent Bar Review.



This is the perfect podcast to study for the Patent Bar exam on the go. The Patent Bar MPEP Q & A Podcast covers one specific point from the MPEP per 3 to 5 minute episode. You'll get a question along with the detailed answer. In addition to the question and answer you'll get a detailed summary of the exact section where the answer is found. It's short, but packed full of valuable information. Perfect for exercising, driving, or waiting in line.



Please visit PatentEducationSeries.com for more free information to help you learn more about and pass the Patent Bar exam. We're here to help you succeed. We've helped scores of engineers, scientists, and attorneys get on the road to a new career as a Patent Practitioner since 2001. The contents of this podcast is not legal advice; for full disclaimer information visit: PatentEducationSeries.com.

Patent Bar MPEP Q & A Podcast Lisa Parmley, USPTO Patent Practitioner #51006

    • Education
    • 4.0 • 9 Ratings

Brought to you by PatentEducationSeries.com, based on their widely popular Patent Bar Review Course ... the PES Patent Bar Review.



This is the perfect podcast to study for the Patent Bar exam on the go. The Patent Bar MPEP Q & A Podcast covers one specific point from the MPEP per 3 to 5 minute episode. You'll get a question along with the detailed answer. In addition to the question and answer you'll get a detailed summary of the exact section where the answer is found. It's short, but packed full of valuable information. Perfect for exercising, driving, or waiting in line.



Please visit PatentEducationSeries.com for more free information to help you learn more about and pass the Patent Bar exam. We're here to help you succeed. We've helped scores of engineers, scientists, and attorneys get on the road to a new career as a Patent Practitioner since 2001. The contents of this podcast is not legal advice; for full disclaimer information visit: PatentEducationSeries.com.

    MPEP Q & A 238: What are examples of laws of nature or natural phenomena?

    MPEP Q & A 238: What are examples of laws of nature or natural phenomena?

    Question:

    List two concepts and products the courts have identified as examples of laws of nature or natural phenomena.

    Answer:

    The courts have identified the following concepts and products as examples of laws of nature or natural phenomena:



    * isolated DNA, Ass’n for Molecular Pathology v. Myriad Genetics, Inc.;

    * a cloned farm animal such as a sheep, In re Roslin Institute (Edinburgh);

    * a correlation between variations in non-coding regions of DNA and allele presence in coding regions of DNA, Genetic Techs. Ltd. v. Merial LLC;

    * a correlation that is the consequence of how a certain compound is metabolized by the body, Mayo Collaborative Servs. v. Prometheus Labs.;

    * a correlation between the presence of myeloperoxidase in a bodily sample (such as blood or plasma) and cardiovascular disease risk, Cleveland Clinic Foundation v. True Health Diagnostics, LLC;

    * electromagnetism to transmit signals, O’Reilly v. Morse;

    * qualities of bacteria such as their ability to create a state of inhibition or non-inhibition in other bacteria, Funk Bros;

    * single-stranded DNA fragments known as “primers”, University of Utah Research Foundation v. Ambry Genetics Corp;

    * the chemical principle underlying the union between fatty elements and water, Tilghman v. Proctor;

    * the existence of cell-free fetal DNA (cffDNA) in maternal blood, Ariosa Diagnostics, Inc. v. Sequenom; and

    * the natural relationship between a patient’s CYP2D6 metabolizer genotype and the risk that the patient will suffer QTc prolongation after administration of a medication called iloperidone, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals.



    Chapter Details:

    The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 2106.04(b) of the MPEP.  The following is a brief summary of section 2106.04(b).

    2106.04(b) Laws of Nature, Natural Phenomena & Products of Nature

    Laws of nature and natural phenomena, as identified by the courts, include naturally occurring principles/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in nature. The courts have often described these exceptions using other terms, including “physical phenomena,” “scientific principles”, “natural laws,” and “products of nature.”

    • 4 min
    MPEP Q & A 237: What is an example of non-limiting claims not directed to statutory categories?

    MPEP Q & A 237: What is an example of non-limiting claims not directed to statutory categories?

    Question:

    Name one example of non-limiting claims not directed to any of the statutory categories.

    Answer:

    Non-limiting examples of claims that are not directed to any of the statutory categories include:



    * Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations;

    * Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave; and

    * Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA),



    Chapter Details:

    The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 2106.03 of the MPEP.  The following is a brief summary of section 2106.03.

    2106.03 Eligibility Step 1: The Four Categories of Statutory Subject Matter

    The four categories of statutory subject matter are; processes, machines, manufactures, and compositions of matter. This section covers each of the categories along with details on how to determine whether a claim fits in a statutory category.

    • 3 min
    MPEP Q & A 236: Who is the applicant for a patent?

    MPEP Q & A 236: Who is the applicant for a patent?

    Question:

    Who is the applicant for a patent?

    Answer:

    The applicant for patent is all parties identified as the applicant under 37 CFR 1.42(a).

    Where the applicant is all of the joint inventors under 37 CFR 1.45, one or more of the joint inventor-applicants may be appointed to represent on behalf of all of the joint inventor-applicants. The power of attorney must be signed by parties identified as the applicant in order to be effective.

    Chapter Details:

    The answer to this question can be found in chapter 400 of the MPEP. This chapter covers the Representative of the Applicant or Owner.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 402.02(a) of the MPEP.  The following is a brief summary of section 402.02(a).

    402.02(a) Appointment in Application Filed On or After September 16, 2012

    This section discusses the appointment of a power of attorney in an application filed on or after September 16, 2012.

    • 2 min
    MPEP Q & A 235: What is a mathematical relationship?

    MPEP Q & A 235: What is a mathematical relationship?

    Question:

    What is a mathematical relationship?

    Answer:

    A mathematical relationship is a relationship between variables or numbers.



    * A mathematical relationship may be expressed in words or using mathematical symbols.

    * For example, pressure (p) can be described as the ratio between the magnitude of the normal force (F) and area of the surface on contact (A), or it can be set forth in the form of an equation such as p = F/A.



    Chapter Details:

    The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 2106.04(a)(2) of the MPEP.  The following is a brief summary of section 2106.04(a)(2).

    2106.04(a)(2) Abstract Idea Groupings

    This section covers examples of concepts the courts have identified as abstract ideas.

    • 2 min
    MPEP Q & A 234: How can patent applications be sent to the USPTO?

    MPEP Q & A 234: How can patent applications be sent to the USPTO?

    Question:

    How can patent applications be sent to the U.S. Patent and Trademark Office?

    Answer:

    All applications (provisional and nonprovisional) may be sent to the U.S. Patent and Trademark Office by mail using the United States Postal Service, or they may be hand-carried to the Customer Service Window in Alexandria, Virginia.

    Chapter Details:

    The answer to this question can be found in chapter 500 of the MPEP. This chapter covers the Receipt and Handling of Mail and Papers.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 502 of the MPEP.  The following is a brief summary of section 502.

    502 Depositing Correspondence

    This section discusses how to submit correspondence to the PTO. This includes a brief introduction to filing new patent applications and related correspondence through the Electronic Filing System (EFS-Web) and priority mail express. The importance of filing post allowance correspondence prior to the date of issue fee payment is also discussed.

    • 2 min
    MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees

    MPEP Q & A 233: List application filing dates for determining whether patent is subject to maintenance fees

    Question:

    What are the application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees?

    Answer:

    Application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees are as follows:



    * (A) For an application not claiming benefit of an earlier application, the actual United States filing date of the application.

    * (B) For an application claiming benefit of an earlier foreign application, the actual United States filing date of the application.

    * (C) For a continuing (continuation, division, continuation-in-part) application claiming the benefit of a prior patent application, the actual United States filing date of the continuing application.

    * (D) For a reissue application, including a continuing reissue application claiming the benefit of a reissue, the United States filing date of the original nonreissue application on which the patent reissued is based.

    * (E) For an international application that has entered the United States as a Designated Office under 35 U.S.C. 371, the international filing date granted under the Patent Cooperation Treaty which is considered to be the United States filing date.



    Chapter Details:

    The answer to this question can be found in chapter 2500 of the MPEP. This chapter covers Maintenance Fees.

    The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 2504 of the MPEP.  The following is a brief summary of section 2504.

    2504 Patents Subject to Maintenance Fees

    Maintenance fees are required on all patents based on applications filed on or after December 12, 1980, with the exception of plant and design patents. In addition, fees are not required for reissue patents only when the patent being reissued did not require maintenance fees. This section provides further details on the patents subject to maintenance fees.

    • 3 min

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