Question 1

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

Accepted Answer

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

'If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).'

This means that if you miss the deadline, you'll need to file a petition explaining the delay and pay an additional fee. It's crucial to submit the certified copy or ensure it's retrievable through the priority document exchange program to avoid complications in the patent application process.

Question 2

What is required when submitting a certified copy of a foreign application for priority purposes?

Accepted Answer

When submitting a certified copy of a foreign application for priority purposes, the following requirements apply:

If the certified copy is not in English, a translation is required
The translation must be of the certified copy of the foreign application as filed
The translation must be filed together with a statement that the translation of the certified copy is accurate

The MPEP states: "When the examiner requires the filing of the certified copy, the translation should also be required at the same time. If an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) and it must be filed together with a statement that the translation of the certified copy is accurate." (MPEP 216)

Question 3

What is the minimum deposit amount required to open a USPTO deposit account?

Accepted Answer

What is the minimum deposit amount required to open a USPTO deposit account?

The minimum deposit amount required to open a USPTO deposit account is $1,000. According to MPEP 509.01, "A minimum deposit of $1,000 is required when an account is opened, and a minimum balance of $1,000 is required to be maintained in the account." This initial deposit ensures that the account has sufficient funds to cover potential fees and charges.

To learn more:

Question 4

How are confidential materials handled in reissue applications open to the public?

Accepted Answer

Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows:

Materials are kept separate from the main application file
They are not publicly available until a determination of materiality to patentability is made
If found not material, they can be expunged upon petition
If found material, the petition to expunge is denied, and the materials become part of the public record

The MPEP states: 'If any portion or all of the submitted information is found to be material to patentability, the petition to expunge will be denied and the information will thereafter become a permanent part of the reissue application file and open to the public.'

However, there is a provision for redaction: 'Where a submission containing protected material is found to be material to patentability, it still may be possible to redact the submission to eliminate the protected material while retaining the important material.'

This process balances the need for public disclosure in reissue applications with the protection of genuinely confidential information.

To learn more:

Question 5

What are the requirements for a valid 37 CFR 1.130(b) declaration?

Accepted Answer

What are the requirements for a valid 37 CFR 1.130(b) declaration?

A valid 37 CFR 1.130(b) declaration must meet several requirements to effectively establish prior public disclosure. According to MPEP 717.01(b), the declaration should:

Be made by the inventor, a joint inventor, or another who obtained the subject matter from them
Establish that the subject matter was publicly disclosed before the relevant date of the potential prior art disclosure
Show that the publicly disclosed subject matter is the same as the subject matter in the application
Provide evidence of the public availability if it's not apparent from the disclosure itself
Include a copy of the disclosure if it's not available to the public

The MPEP states: 'Where the prior public disclosure is not apparent, the declaration or affidavit must also provide evidence that establishes that the potential prior art subject matter was publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.'

Additionally, the declaration should be timely filed and accompanied by any necessary evidence to support the claims made in the declaration.

To learn more:

37 CFR 1.130(b)

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