When is a patent application considered ‘rejected’?
MPEP 203.02 defines a ‘rejected’ application as follows: A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within…
Read MoreWhy would an MPEP section be reserved?
An MPEP section may be marked as [Reserved] for several reasons: The topic is not currently relevant but a section is being held for potential future use The section was previously used but the content was moved elsewhere in the MPEP The section is a placeholder to maintain a desired numbering scheme
Read MoreWhat is the purpose of 37 CFR 1.57(b)?
The purpose of 37 CFR 1.57(b) is to provide a safeguard for applicants when a page(s) of the specification, or a portion thereof, or a sheet(s) of the drawing(s), or a portion thereof, is inadvertently omitted from an application, such as through a clerical error. It allows inadvertently omitted material to be added to the…
Read MoreHow should prior U.S. application data be provided in patent applications?
For patent applications, prior U.S. application data should be provided as follows: For applications filed on or after September 16, 2012: In an application data sheet For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet MPEP 202 states: “The identifying data of all…
Read MoreHow can the requirement for a certified copy be satisfied if the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement?
Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if: The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement; The claim for priority is presented in an application data sheet, identifying…
Read MoreWhat is the priority document exchange program and how does it affect foreign priority claims?
The priority document exchange program is an agreement between patent offices to electronically exchange priority documents. It affects foreign priority claims in the following ways: Applicants may not need to submit a certified copy if the foreign application is available through the program The USPTO will attempt to retrieve the priority document automatically If successful,…
Read MoreWhat is the priority document exchange program and how does it work?
The priority document exchange program allows the USPTO to obtain priority documents electronically from other participating foreign intellectual property offices, eliminating the need for applicants to submit certified copies themselves. As stated in 37 CFR 1.55(i), the requirement to file a certified copy is considered satisfied if: The foreign application was filed in a participating…
Read MoreHow does the Priority Document Exchange (PDX) program work?
The Priority Document Exchange (PDX) program allows for electronic transmission of priority documents between participating foreign intellectual property offices. According to 37 CFR 1.55(i), if the foreign application was filed in a participating office, the requirement for a timely filed certified copy is considered satisfied if the Office receives a copy through the PDX program…
Read MoreDoes the inclusion of prior application information on a patent indicate the claims are entitled to the earlier filing date?
No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date. See MPEP 2136.03 and MPEP 2154.01(b) for additional information.
Read MoreHow do the first inventor to file provisions of the AIA affect claiming priority to a prior-filed application?
The first inventor to file provisions that took effect on 3/16/2013 require additional statements for certain “transition” applications: – Transition applications are those filed on or after 3/16/2013 that claim priority to an application filed before 3/16/2013.– If a transition application ever contained a claim having an effective filing date on or after 3/16/2013, a…
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