Q: What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?

According to MPEP 2816 , the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states: " 35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. " This three-month timeframe ensures a prompt review of the submitted information and a timely determination on whether a substantial new question of patentability exists. To learn more: Supplemental Examination SNQ USPTO Patent Claims Time Frame

Question 1

What should I do if the USPTO doesn't receive my priority document through PDX in time?

Accepted Answer

If the United States Patent and Trademark Office (USPTO) doesn't receive your priority document through the Priority Document Exchange (PDX) program within the specified time frame, you have options. According to MPEP 215.02(a):

The Office appreciates that an applicant may discover that the Office will not receive a copy of a foreign application through the priority document exchange program until after the expiration of the time frame specified in 37 CFR 1.55(f). In this situation, an applicant who otherwise meets the conditions of 37 CFR 1.55(i) may satisfy the requirement of 37 CFR 1.55(i)(3) by filing a certified copy of the foreign application in the Office within the pendency of the application and before the patent is granted.

If you find yourself in this situation:

File a certified copy of the foreign application directly with the USPTO.
Ensure this is done during the pendency of your application and before the patent is granted.
Consider filing a petition under 37 CFR 1.55(e) or (f) if necessary.

Remember, it's ultimately the applicant's responsibility to ensure the priority document is properly filed, even when using the PDX program.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on late submission, visit: late submission.

For more information on PDX, visit: PDX.

For more information on priority document exchange, visit: priority document exchange.

Question 2

What is an 'interim copy' of a foreign application and when can it be used?

Accepted Answer

An 'interim copy' is a copy of the original foreign application from the applicant's own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):

The copy must be clearly labeled as 'Interim Copy'
It must be filed with a cover sheet identifying the foreign application
It must be filed within the same time period as required for certified copies
A certified copy must still be filed during the pendency of the application

This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

Question 3

What are the requirements for submitting an interim copy of a foreign priority application?

Accepted Answer

What are the requirements for submitting an interim copy of a foreign priority application?

Submitting an interim copy of a foreign priority application can be useful when there are delays in obtaining a certified copy. According to MPEP 213.04, here are the requirements:

37 CFR 1.55(j) provides that an applicant who has not filed a certified copy of the foreign application may file an interim copy of the foreign application during the pendency of the application.

To submit an interim copy:

It must be filed during the pendency of the application
The copy must be clearly labeled as 'Interim Copy'
Include a cover sheet identifying:
- The application number
- The foreign application number
- The country or intellectual property office
- The filing date
The interim copy must be a legible copy of the foreign application

Note: An interim copy does not satisfy the requirement for a certified copy. You must still submit a certified copy of the foreign application before the patent is granted.

To learn more:

Question 4

What does a foreign filing license authorize in the context of PCT applications?

Accepted Answer

A foreign filing license in the context of PCT applications authorizes more than just the filing of an international application. According to MPEP 1832:

"A foreign filing license also authorizes the export of technical data abroad for purposes related to the preparation, filing or possible filing, and prosecution of a foreign application."

Furthermore, effective September 30, 2020, the scope of a foreign filing license was expanded to include:

The export of technical data abroad for purposes relating to the use of a World Intellectual Property Organization online service (ePCT) for preparing an international application for filing with the United States Receiving Office.
This expansion exempts applicants from separately complying with certain regulations related to the export of technical data, such as the International Traffic in Arms Regulations and Export Administration Regulations.

However, applicants are cautioned against exporting technical data into ePCT without a foreign filing license or without separately complying with the relevant export regulations.

To learn more:

Question 5

How does the MPEP guide examiners on searching related subclasses?

Accepted Answer

The MPEP provides specific guidance to examiners on searching related subclasses during a classified search. According to MPEP 904.02(a):

"The examiner should, on the basis of the disclosed features of the invention, descriptive material, and the field of search suggested by the classification definition, identify the subclasses, and perhaps classes, most likely to contain the prior art which could anticipate or render obvious the claimed invention."

This guidance emphasizes the importance of considering related subclasses to ensure a comprehensive search. Examiners are instructed to:

Review the classification definitions
Consider the disclosed features of the invention
Identify subclasses and classes likely to contain relevant prior art

By following these steps, examiners can conduct a thorough search that extends beyond the primary classification of the invention.

To learn more:

Question 6

What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?

Accepted Answer

According to MPEP 2816, the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states:

"35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request."

This three-month timeframe ensures a prompt review of the submitted information and a timely determination on whether a substantial new question of patentability exists.

To learn more:

Question 7

How does MPEP 704 relate to prior art searches?

russ.krajec@blueironip.com · Accepted Answer

MPEP 704 provides guidelines for patent examiners on conducting thorough prior art searches. These searches are crucial for determining the novelty and non-obviousness of a patent application. The section emphasizes the importance of comprehensive searches to identify relevant prior art that may affect the patentability of claimed inventions.

While the specific search procedures are not detailed in the given excerpt, MPEP 704 typically covers various search strategies, databases, and resources that examiners should utilize to ensure a thorough examination of the prior art landscape.

To learn more:

Question 8

How do supervisory patent examiners resolve disagreements on examination order?

russ.krajec@blueironip.com · Accepted Answer

When supervisory patent examiners from different Technology Centers (TCs) disagree on the order of examination for a patent application, MPEP 705.01(b) outlines the following resolution process:

The supervisory patent examiner with jurisdiction over the application takes the lead.
They direct a complete search of the art relevant to their claims.
This search is conducted before referring the application to another TC.
The results of the search are shared with the other TC involved.

The MPEP states: "The TC to which the application is referred will be advised of the results of this search." This approach ensures that all relevant art is considered before determining the final examination sequence.

To learn more:

Question 9

What features are available on the USPTO Patent Classification Home Page?

Accepted Answer

The USPTO Patent Classification Home Page, available at www.uspto.gov/Classification, offers several key features as described in MPEP 902.03(a):

Index to the U.S. Patent Classification system (USPC)
Class definitions
Class schedules
Integration with the USPTO Patent Full-Text and Image Database

The MPEP states:

"The site integrates with the USPTO Patent Full-Text and Image Database site by allowing a search of a subclass by clicking on a patent icon in the classification schedules and definitions which generates a search result in the USPTO Patent Full-Text and Image Database."

This integration allows users to seamlessly navigate from classification information to actual patent documents, enhancing the research and search capabilities for patent professionals and the public.

To learn more:

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What should I do if the USPTO doesn’t receive my priority document through PDX in time?

What is an ‘interim copy’ of a foreign application and when can it be used?

What are the requirements for submitting an interim copy of a foreign priority application?

What does a foreign filing license authorize in the context of PCT applications?

Why Startup Patents Are Doomed From The Start

What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?

How does MPEP 704 relate to prior art searches?

How do supervisory patent examiners resolve disagreements on examination order?

What features are available on the USPTO Patent Classification Home Page?