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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 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.
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. [47]
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 ...
In the end, if the examiner can not discover a piece of prior art that may lead the PHOSITA to the invention, the United States Patent and Trademark Office (USPTO) is required by statute to award that applicant a patent. It is well known that it may take a few months or a couple of years for a paper to be published in a peer reviewed academic ...
Patent examiners will have access to the commentary and will consider it in their examination. Applications that are part of the pilot program will get accelerated examination. [22] Of the first 19 office actions received by Peer-to-Patent applications, 5 cited the prior art submitted by reviewers. [23]