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 MoreWhat are the circumstances under which a patent application becomes ‘abandoned’?
MPEP 203.05 outlines several circumstances under which a patent application can become abandoned: Through formal abandonment by the applicant or by the attorney or agent of record; Through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; For failure to pay the issue fee (see MPEP §…
Read MoreWhat does it mean for a patent application to be ‘amended’?
MPEP 203.03 defines an ‘amended’ patent application as follows: An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the…
Read MoreWhen is a patent application considered ‘allowed’ or ‘in issue’?
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows: 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 applicant. Its status as an ‘allowed’ application continues from…
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