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The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
An invention must meet several requirements to be eligible for a patent. The invention must concern patentable subject matter. [5] The invention must be novel and the application for a patent on the invention must be timely. [6] The invention must be non-obvious. [7] Finally, the invention must be sufficiently documented. [8]
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Not every object falls into a statutory category: for example, electromagnetic waves, [18] and rules for playing games [19] are not patentable (but a new and non-obvious type of dice for playing games may be patentable as a "manufacture"). The most significant restrictions occurred over time with respect to patentability of "processes" (methods).
"Wherein" clauses limit the scope of the claim. [21] Other forms of purpose language are "whereby" and "thereby" clauses, similar to the "wherein" clauses just described, [22] and statements of intended use in a claim preamble (depending on facts of case, preamble may or may not limit claim scope; in this case it was the "essence of the ...
Patentable subject matter in the United States is governed by 35 U.S.C. 101. The current patentable subject matter practice in the U.S. is very different from the corresponding practices by WIPO / Patent Cooperation Treaty and by the European Patent Office , and it is considered to be broader in general.
In 2014, the Post found some parts of the process were being done by computer. Last summer, Federal News Network reported the department was testing a pilot online retirement application.
Thus, according to MPEP, the claims in a patent application may be properly restricted to (i.e. split into) two or more divisional patent applications, if the claims (i.e. claimed inventions) are either independent (MPEP § 802.01, § 806.06, and § 808.01) or distinct (MPEP § 806.05 - § 806.05(j)).