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September 17, 2006

MPEP 8r5

The USPTO has released the 8th edition, Revision 5 of its Manual of Patent Examining Procedure (MPEP), the patent bible. But 8r5 is released in pdf format only; no hyperlinked web (html) version.

There is a new searchable index for 8r5, but pdf is nowhere near as convenient as html. Adobe has rested on its laurels for far too many years with the deficient Acrobat product - most notably a kludgy user interface, but also lackluster and error-prone backplane processing.

Fortunately, the changes in 8r5 don't affect much of the MPEP, so the earlier html version is still the way to go.

Here is a list of the changes in 8r5 -

1. "Changes To Implement the Cooperative Research and Technology Enhancement Act of 2004," which became effective on September 14, 2005;
2. "Provisions for Claiming the Benefit of a Provisional Application With a Non-English Specification and Other Miscellaneous Matters," which became effective on November 25, 2005;
3. "Changes To Implement the Patent Search Fee Refund Provisions of the Consolidated Appropriations Act, 2005," which became effective on March 10, 2006; and
4. "Clarification of Filing Date Requirements for Ex Parte and Inter Partes Reexamination Proceedings," which became effective on March 27, 2006.

Posted by Patent Hawk at September 17, 2006 11:05 AM | Prosecution


I just came across an oddity in the new MPEP. Maybe I missed something, but can someone explain to me what caselaw supports the proposition that "a dependent claim will define an invention that has utility if the independent claim from which the dependent claim depends is drawn to the same statutory class of invention as the dependent claim . . ."? This statement can be found in the first paragraph of Section 2107.02 of MPEP 8th ed., Rev. 5. Whaaa???

Posted by: L at September 18, 2006 4:45 PM