Q: What are the requirements for an abstract in a patent application?

According to 37 CFR 1.72(b) , the requirements for an abstract in a patent application are: It must commence on a separate sheet, preferably following the claims. It should be under the heading 'Abstract' or 'Abstract of the Disclosure'. The sheet presenting the abstract should not include other parts of the application. It should be concise, preferably not exceeding 150 words in length. It should enable quick determination of the nature and gist of the technical disclosure. The USPTO states: The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. The purpose of the abstract is to enable the Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure. To learn more: patent abstract patent application technical disclosure USPTO requirements

Question 1

How are amendments processed in patent applications?

Accepted Answer

Amendments in patent applications are processed and distributed to examiners through the technical support staff sections. As stated in MPEP 714.18: "All amendments received in the technical support staff sections are processed and distributed to the examiners." This ensures that examiners receive the amendments promptly for review and action.

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Question 2

What additional documents may be required for national stage entry in the U.S.?

Accepted Answer

In addition to the basic requirements, applicants may need to submit the following documents for national stage entry in the United States:

An English translation of the international application (if not in English)
The search fee (37 CFR 1.492(b))
The examination fee (37 CFR 1.492(c))
An oath or declaration of the inventor (35 U.S.C. 371(c)(4))
An English translation of any annexes to the international preliminary examination report (if applicable)

As per 37 CFR 1.495(c)(1):

"If applicant complies with paragraph (b) of this section before expiration of thirty months from the priority date, the Office will notify the applicant if he or she has omitted any of: (i) A translation of the international application...; (ii) The inventor's oath or declaration...; (iii) The search fee...; (iv) The examination fee...; and (v) Any application size fee..."

The Office will set a time period for submitting any omitted items. Failure to timely submit the required documents and fees may result in abandonment of the application.

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Question 3

What are the requirements for an abstract in a patent application?

Accepted Answer

According to 37 CFR 1.72(b), the requirements for an abstract in a patent application are:

It must commence on a separate sheet, preferably following the claims.
It should be under the heading 'Abstract' or 'Abstract of the Disclosure'.
The sheet presenting the abstract should not include other parts of the application.
It should be concise, preferably not exceeding 150 words in length.
It should enable quick determination of the nature and gist of the technical disclosure.

The USPTO states: The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. The purpose of the abstract is to enable the Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure.

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Question 4

How is the sequence of examination determined in Patentability Report cases?

russ.krajec@blueironip.com · Accepted Answer

The sequence of examination in Patentability Report (P.R.) cases is determined through collaboration between supervisory patent examiners. According to MPEP 705.01(b):

"In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the application will direct that a complete search be made of the art relevant to his or her claims prior to referring the application to another TC for report."

The process involves:

Agreement between supervisory patent examiners on the order of examination
If no agreement is reached, a complete search is conducted by the TC with jurisdiction before referral
The TC receiving the referral is advised of the search results
Flexibility to modify the search sequence if supervisory patent examiners deem it expedient

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Question 5

How should patent examiners review and consider an Information Disclosure Statement (IDS)?

Accepted Answer

Patent examiners should review and consider an Information Disclosure Statement (IDS) as follows:

Check for compliance with 37 CFR 1.97 and 1.98
Consider the properly submitted information in the same manner as other documents in Office search files
For e-IDS, use the e-IDS icon on the examiner's workstation to consider cited U.S. patents and U.S. patent application publications
Initial the blank column next to each citation to indicate that the information has been considered, or use the alternative electronic signature method
Draw a line through citations that fail to comply with requirements
Sign and date the bottom of the IDS listing or use the alternative electronic signature method
Ensure that a signed and dated copy of the IDS listing is entered into the file and mailed to the applicant

The MPEP states: "After the examiner reviews the IDS for compliance with 37 CFR 1.97 and 1.98 (see MPEP § 609.05), the examiner should: (A) Consider the information properly submitted in an IDS in the same manner that the examiner considers other documents in Office search files while conducting a search of the prior art in a proper field of search."

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Question 6

What are the consequences of failing to timely provide a required "Sequence Listing XML"?

Accepted Answer

If an applicant fails to timely provide a required "Sequence Listing XML" in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), there are significant consequences for the search and examination of the application. MPEP 2414.05 states:

"If the applicant fails to timely provide the required "Sequence Listing XML," the United States International Searching Authority shall search only to the extent that a meaningful search can be performed without the "Sequence Listing XML," and the United States International Preliminary Examining Authority shall examine only to the extent that a meaningful examination can be performed without the "Sequence Listing XML."

This means that the scope of the search and examination will be limited, potentially affecting the comprehensive evaluation of the application's patentability.

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Question 7

How can one find the U.S. application number for an international design registration?

Accepted Answer

To find the U.S. application number corresponding to an international design registration, you can use the USPTO's Patent Center. The MPEP provides this guidance:

"The U.S. application number corresponding to the international registration may be found by searching the international registration number using Patent Center."

Here's how to do it:

Visit the USPTO Patent Center
Use the search function to enter the international registration number
The search results will display the corresponding U.S. application number

This method is available after the international registration has been published under Article 10(3) of the Hague Agreement and the USPTO has made the application file publicly available.

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Question 8

What are the key steps in the patent examination process?

Accepted Answer

The patent examination process involves several key steps as outlined in MPEP 2103:

Determining what invention is sought to be patented: This involves analyzing the claims to understand the subject matter.
Conducting a thorough search of the prior art: Examiners search for relevant prior art that may affect patentability.
Determining whether the invention satisfies the statutory requirements: This includes assessing novelty, non-obviousness, and other criteria.
Communicating the findings to the applicant: The examiner issues an Office action detailing any rejections or objections.

The MPEP states: "The goal of examination is to clearly articulate any rejection early in the prosecution process so that the applicant has the opportunity to provide evidence of patentability and otherwise reply completely at the earliest opportunity."

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Question 9

How can I access the instructions for completing Form DM/1?

Accepted Answer

Instructions for completing Form DM/1 for an international design application are readily available. According to MPEP 2909.01, "Detailed instructions for completing the form are set forth in the section 'How to Submit an International Application to the International Bureau' of the Hague Guide for Users available on WIPO's website at www.wipo.int/hague/en/guide/ia.html."

Additionally, the MPEP states that "The DM/1 form and instructions for completing the form are currently available on the website of the International Bureau at www.wipo.int/hague/en/forms/." These resources provide comprehensive guidance on properly filling out the form for your international design application.

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Question 10

What is the purpose of associating an e-copy of the inter partes reexamination certificate with the patent?

Accepted Answer

The association of an e-copy of the inter partes reexamination certificate with the e-copy of the patent in search files serves several important purposes:

It ensures that anyone searching for the patent will also find the reexamination results.
It maintains a complete and up-to-date record of the patent's legal status.
It provides transparency in the patent examination process.

MPEP 2692 states: An e-copy of the inter partes reexamination certificate will be associated with the e-copy of the patent in the search files. This association is crucial for researchers, examiners, and the public to access the most current information about a patent's validity and scope.

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How are amendments processed in patent applications?

What additional documents may be required for national stage entry in the U.S.?

What are the requirements for an abstract in a patent application?

How is the sequence of examination determined in Patentability Report cases?

How should patent examiners review and consider an Information Disclosure Statement (IDS)?

What are the consequences of failing to timely provide a required “Sequence Listing XML”?

How can one find the U.S. application number for an international design registration?

What are the key steps in the patent examination process?

How can I access the instructions for completing Form DM/1?

What is the purpose of associating an e-copy of the inter partes reexamination certificate with the patent?