What does it mean when a patent application is ‘abandoned’?
An abandoned patent application is one that has been removed from the USPTO’s docket of pending applications. According to MPEP 203.05, an application can become abandoned for several reasons: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications: Formal abandonment by the applicant or their attorney/agent Failure…
Read MoreWhat is an ‘allowed’ patent application?
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04: An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the…
Read MoreHow long should I wait before inquiring about the status of my amended patent application?
For amended patent applications, the USPTO provides guidelines on when to inquire about the status. According to MPEP 203.08: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply…
Read MoreWhat is considered a ‘new’ patent application?
A ‘new’ patent application is a nonprovisional application that has not yet received an action by the examiner. According to MPEP 203.01: An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application. It’s important to note that a request for continued examination (RCE) is not considered a…
Read MoreWhat are the reasons for a patent application to be considered ‘abandoned’?
A patent application can be considered ‘abandoned’ for several reasons. According to MPEP 203.05, an abandoned application is one that is removed from the Office docket of pending applications due to: Formal abandonment by the applicant or by the attorney or agent of record Failure of applicant to take appropriate action at some stage in…
Read MoreHow long should I wait before making a status inquiry on my amended application?
For amended applications, it’s generally advised to wait before making a status inquiry. According to MPEP 203.08: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the…
Read MoreHow are Congressional and other official inquiries about patent applications handled?
Congressional and other official inquiries about patent applications are handled through specific channels at the USPTO. According to MPEP 203.08(a): Correspondence and inquiries from the White House, Members of Congress, embassies, and heads of Executive departments and agencies normally are cleared by the USPTO’s Office of Policy and International Affairs and/or the Office of Governmental…
Read MoreIs there a deadline for filing the English translation and accuracy statement for a non-English provisional application?
Yes, there is a deadline for filing the English translation and accuracy statement for a non-English provisional application. While MPEP ¶ 2.38 doesn’t specify an exact timeframe, it indicates that the USPTO will set a time period in an Office action: “If 1) and 2) are not filed (or if the benefit claim is not…
Read MoreCan the English translation and accuracy statement be filed in the non-provisional application instead of the provisional?
No, the English translation and accuracy statement for a non-English provisional application cannot be filed in the non-provisional application. They must be filed in the provisional application itself. MPEP ¶ 2.38 is explicit about this requirement: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be…
Read MoreHow do I properly claim the benefit of a prior application?
To properly claim the benefit of a prior application, you must include a specific reference to the prior application. For applications filed on or after September 16, 2012, this reference must be included in an application data sheet (ADS). For applications filed before September 16, 2012, the reference must be in an ADS and/or in…
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