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IS CITABLE AS PRECEDENT - uspto

IS CITABLE AS PRECEDENT - uspto 2025

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The document is a decision by the Trademark Trial and Appeal Board regarding the application of JT Tobacconists to register the mark 'MINNESOTA CIGAR COMPANY' for various cigar-related products. The Board affirmed the refusal of registration under Section 2(e)(2) of the Trademark Act, determining that the mark is primarily geographically descriptive, as it indicates that the goods originate from Minnesota. The applicant's arguments claiming that the mark does not signify geographic origin were rejected, and it was concluded that consumers would associate the products with Minnesota.

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What is a patent citation?

A patent citation is any important document or research paper cited by a patent applicant, patent examiner, or third party that relates to the content of a patent application. Truly any publicly available patent documents can form the basis of a patent citation analysis.

What is Section 103 of the US patent Act?

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing

How to overcome a 102 rejection?

In all applications, an applicant may overcome a 35 U.S.C. 102 rejection by persuasively arguing that the claims are patentably distinguishable from the prior art, or by amending the claims to patentably distinguish over the prior art. Additional ways available to overcome a rejection based on 35 U.S.C.

What is Section 102 of the US patent Act?

102(a)(1) (patent, printed publication, public use, sale, or other means of public availability) is excepted as prior art if: (1) the disclosure was made one year or less before the effective filing date of the claimed invention; and (2) the subject matter disclosed had been previously publicly disclosed by the

What is the 102 G patent law?

102(g) bars the issuance of a patent where another made the invention in the United States before the inventor and had not abandoned, suppressed, or concealed it. This section of pre- 35 U.S.C. 102 forms a basis for interference practice.

Is teaching away a secondary consideration?

Courts have considered the following secondary considerations in determining obviousness; (1) the inventions commercial success, (2) long felt but unresolved needs, (3) the failure of others, (4) skepticism by experts, (5) praise by others, (6) teaching away by others, (7) recognition of a problem, (8) copying of the

What is Section 102 of the Patent Act?

35 U.S.C. 102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention. This means that if a claimed invention was patented in this or a foreign country before the effective filing date of the claimed invention, 35 U.S.C.

What is the patent number 102?

Patent number 102. Dynamite or Nobels gunpowder. 1876.

IS CITABLE AS PRECEDENT - uspto 2025

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