Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 102-Information as to Status of an Application (1)
For provisional applications, the USPTO can provide the following information:
- Application number
- Filing date
- Whether the application is pending or abandoned
- Expiration date
It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
A ‘rejected’ patent application and an ‘abandoned’ patent application represent different stages in the patent examination process:
- Rejected Application: As per MPEP 203.02, this is an application with an unanswered examiner’s action. The applicant still has the opportunity to respond within the allotted reply period.
- Abandoned Application: This occurs when the applicant fails to respond to the examiner’s action within the specified time frame, effectively ending the examination process.
The MPEP states:
Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.
Thus, a ‘rejected’ application can become ‘abandoned’ if the applicant doesn’t respond in time, but an ‘abandoned’ application cannot revert to ‘rejected’ status without additional procedures.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (1)
The Office docket plays a crucial role in determining the status of a patent application. MPEP 203.05 refers to the Office docket when defining abandoned applications:
An abandoned application is, inter alia, one which is removed from the Office docket of pending applications
The Office docket is essentially the official record of pending patent applications at the USPTO. When an application is removed from this docket, it is no longer considered active or pending. This removal can occur for various reasons, including formal abandonment, applicant inaction, failure to pay fees, or expiration of statutory periods. Therefore, the status of an application on the Office docket is a key indicator of whether it is still being actively prosecuted or has been abandoned.
MPEP 203 - Status of Applications (1)
The Office docket plays a crucial role in determining the status of a patent application. MPEP 203.05 refers to the Office docket when defining abandoned applications:
An abandoned application is, inter alia, one which is removed from the Office docket of pending applications
The Office docket is essentially the official record of pending patent applications at the USPTO. When an application is removed from this docket, it is no longer considered active or pending. This removal can occur for various reasons, including formal abandonment, applicant inaction, failure to pay fees, or expiration of statutory periods. Therefore, the status of an application on the Office docket is a key indicator of whether it is still being actively prosecuted or has been abandoned.
Patent Law (4)
The Office docket plays a crucial role in determining the status of a patent application. MPEP 203.05 refers to the Office docket when defining abandoned applications:
An abandoned application is, inter alia, one which is removed from the Office docket of pending applications
The Office docket is essentially the official record of pending patent applications at the USPTO. When an application is removed from this docket, it is no longer considered active or pending. This removal can occur for various reasons, including formal abandonment, applicant inaction, failure to pay fees, or expiration of statutory periods. Therefore, the status of an application on the Office docket is a key indicator of whether it is still being actively prosecuted or has been abandoned.
A ‘rejected’ patent application and an ‘abandoned’ patent application represent different stages in the patent examination process:
- Rejected Application: As per MPEP 203.02, this is an application with an unanswered examiner’s action. The applicant still has the opportunity to respond within the allotted reply period.
- Abandoned Application: This occurs when the applicant fails to respond to the examiner’s action within the specified time frame, effectively ending the examination process.
The MPEP states:
Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.
Thus, a ‘rejected’ application can become ‘abandoned’ if the applicant doesn’t respond in time, but an ‘abandoned’ application cannot revert to ‘rejected’ status without additional procedures.
To learn more:
For provisional applications, the USPTO can provide the following information:
- Application number
- Filing date
- Whether the application is pending or abandoned
- Expiration date
It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.
Applications with pre-AIA 37 CFR 1.47 status were given special consideration in continuation or divisional filings. The MPEP states:
“A continuation or divisional application of a prior application accorded status under pre-AIA 37 CFR 1.47 will be accorded status under pre-AIA 37 CFR 1.47 if a copy of the decision according pre-AIA 37 CFR 1.47 status in the prior application is filed in the continuation or divisional application, unless an oath or declaration signed by all of the inventors is included upon filing the continuation or divisional application.”
This means that the special status could be carried over to the new application by submitting a copy of the previous decision, unless a complete oath or declaration was provided.
To learn more:
To learn more:
Patent Procedure (4)
The Office docket plays a crucial role in determining the status of a patent application. MPEP 203.05 refers to the Office docket when defining abandoned applications:
An abandoned application is, inter alia, one which is removed from the Office docket of pending applications
The Office docket is essentially the official record of pending patent applications at the USPTO. When an application is removed from this docket, it is no longer considered active or pending. This removal can occur for various reasons, including formal abandonment, applicant inaction, failure to pay fees, or expiration of statutory periods. Therefore, the status of an application on the Office docket is a key indicator of whether it is still being actively prosecuted or has been abandoned.
A ‘rejected’ patent application and an ‘abandoned’ patent application represent different stages in the patent examination process:
- Rejected Application: As per MPEP 203.02, this is an application with an unanswered examiner’s action. The applicant still has the opportunity to respond within the allotted reply period.
- Abandoned Application: This occurs when the applicant fails to respond to the examiner’s action within the specified time frame, effectively ending the examination process.
The MPEP states:
Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.
Thus, a ‘rejected’ application can become ‘abandoned’ if the applicant doesn’t respond in time, but an ‘abandoned’ application cannot revert to ‘rejected’ status without additional procedures.
To learn more:
For provisional applications, the USPTO can provide the following information:
- Application number
- Filing date
- Whether the application is pending or abandoned
- Expiration date
It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.
Applications with pre-AIA 37 CFR 1.47 status were given special consideration in continuation or divisional filings. The MPEP states:
“A continuation or divisional application of a prior application accorded status under pre-AIA 37 CFR 1.47 will be accorded status under pre-AIA 37 CFR 1.47 if a copy of the decision according pre-AIA 37 CFR 1.47 status in the prior application is filed in the continuation or divisional application, unless an oath or declaration signed by all of the inventors is included upon filing the continuation or divisional application.”
This means that the special status could be carried over to the new application by submitting a copy of the previous decision, unless a complete oath or declaration was provided.
To learn more:
To learn more: