How does the presence of reserved sections like MPEP 404 affect patent examination?
The presence of reserved sections like MPEP 404 does not directly affect patent examination. These sections are placeholders and do not contain any substantive information or guidance for examiners. However, their existence may indirectly impact the examination process in the following ways: They maintain consistent numbering in the MPEP, aiding navigation and referencing They allow…
Read MoreCan the USPTO help me choose a patent attorney?
No, the USPTO cannot assist in selecting a patent practitioner. According to MPEP 401, “The Office cannot aid in the selection of a patent practitioner.” However, the USPTO does provide resources for finding registered patent attorneys and agents: A listing is available at www.uspto.gov/FindPatentAttorney Applicants can request a list of registered practitioners in their area…
Read MoreWhat certifications are made when submitting papers to the USPTO?
When submitting papers to the USPTO, two key certifications are made under 37 CFR 11.18(b): Statements made are subject to the declaration clause of 37 CFR 1.68 The certification required for papers filed in federal court under Rule 11(b) of the Federal Rules of Civil Procedure Specifically, 37 CFR 11.18(b) states that by presenting any…
Read MoreWhat is Form Paragraph 4.03 used for in USPTO Office actions?
Form Paragraph 4.03 is used by USPTO examiners in Office actions to notify relevant parties about the death of a patent practitioner. The paragraph reads: Notice of the death of the attorney or agent of record has come to the attention of this Office. Since the power of attorney is therefore terminated, this action is…
Read MoreWho receives USPTO correspondence after a patent practitioner’s death?
After the USPTO is notified of a patent practitioner’s death, correspondence is sent to two parties: The office of the deceased practitioner The person who originally appointed the deceased patent practitioner This dual notification ensures that both the practitioner’s office and the original appointer are aware of ongoing patent matters and can take appropriate action.
Read MoreHow does the USPTO communicate when an attorney or agent is suspended?
When an attorney or agent is suspended, the USPTO does not communicate with them. Instead: For sole practitioners: The Office action is mailed to the address of the first named applicant in the application. For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first…
Read MoreHow does the USPTO handle correspondence after a sole patent practitioner’s death?
When the USPTO is notified of the death of a sole patent practitioner of record, they continue to hold correspondence with the deceased practitioner’s office. However, the USPTO also mails a copy of the Office action to the person who originally appointed the practitioner. This ensures that the applicant or owner is informed of ongoing…
Read MoreWho can file a patent application as the applicant?
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant: The inventor(s) An assignee to whom the inventor has assigned the invention An obligated assignee to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest…
Read MoreWho can appoint a power of attorney in a patent application?
For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant…
Read MoreWhat forms are used for Customer Number practice?
The USPTO provides several forms for Customer Number practice: PTO/SB/125 – Request for Customer Number PTO/SB/124 – Request for Customer Number Data Change PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent According to MPEP 403: “The following forms are suggested for use with the Customer…
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