Mpep updating best mode
Individuals having a duty of disclosure are limited to those who are “substantively involved in the preparation or prosecution of the application.” This is intended to make clear that the duty does not extend to typists, clerks, and similar personnel who assist with an application. Watch out for information that might be deemed to be prior art under 35 U.
The word “with” appears before “the assignee” and “anyone to whom there is an obligation to assign” to make clear that the duty applies only to individuals, not to organizations.
When the Exr finds the relevant art, I am instructed in response to take through to issue (as already achieved in USA) an amended independent claim that presents an intermediate level of generalisation (which as I say is NOT disclosed in the original app). (The Board acts illegally in those frequent cases where it remands a case that it could have decided.
The public policy reason to stop Applicants getting to issue with claims that really ought not to enjoy the filing date of the app as the date of their defence against validity attacks is the same in both jurisdictions, yet Americans think EPO is super-strict while Europe thinks the USPTO is super lax.
Innovation and technological advancement are best served when an inventor is issued a patent with the scope of protection that is deserved.
The rules as adopted serve to remind individuals associated with the preparation and prosecution of patent applications of their duty of candor and good faith in their dealings with the Office, and will aid the Office in receiving, in a timely manner, the information it needs to carry out effective and efficient examination of patent applications.
See the ninth revision of the Eighth Edition of the MPEP published August 2012 as posted on the USPTO Web site on the MPEP Archives page ( pac/mpep/old/index.htm) for the text of form paragraphs in force in August 2012 and the prior revision marks.] This Chapter deals with the duties owed toward the U. Patent and Trademark Office by the inventor and every other individual who is substantively involved in the preparation or prosecution of the application and who is associated with the inventor or the inventor’s assignee.
These duties, of candor and good faith and disclosure, have been codified in 37 CFR 1.56, as promulgated pursuant to carrying out the duties of the Director under Sections 2, 3, 131, and 132 of Title 35 of the United States Code.