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USPTO Updates Patent Examiner Guidelines

USPTO building (USPTO.gov)

(USPTO.gov)

The U.S. Patent and Trademark Office (USPTO) has proposed a supplement to its patent examiner guidelines that the agency says will clarify the scope of patent rights to the public. USPTO released the proposed guidelines in the Federal Register for a 60-day public comment period.

The new guidelines address section 112 of the Patent Act, which USPTO says will promote higher patent quality by requiring that applicants distinctly claim the invention, and thus the public can be clearly informed of the patent rights granted. This more forthright claim is expected to create more certainty in the marketplace by ensuring that the scope of patent rights granted are clear and supported by the invention disclosed to the public.

The supplementary guidelines refer to the second paragraph in section 112, which reads …

The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.

The Federal Register notice says the guidelines “merely update USPTO examination practice for consistency with the USPTO’s current understanding of the case law regarding the requirements” of section 112.

Read more: USPTO Gives Details of New Expedited Review Process

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