How does the USPTO handle inappropriate third-party inquiries or submissions in patent applications?
The USPTO has strict guidelines for handling inappropriate third-party inquiries or submissions: Any submission not complying with 37 CFR 1.290 or 37 CFR 1.291 will not be entered into the application file and will be discarded. Office personnel are instructed not to reply to or act upon third-party inquiries or submissions, except those complying with…
Read MoreWhat is the difference between third-party submissions under 37 CFR 1.290 and protests under 37 CFR 1.291?
There are several key differences between third-party submissions and protests: Timing: Third-party submissions under 37 CFR 1.290 can be made in published patent applications if they meet the timing requirements. Protests under 37 CFR 1.291 are more restricted after publication. Content: Third-party submissions are limited to printed publications. Protests can include other information adverse to…
Read MoreWhat should an examiner do if a protest is filed against a reissue application?
When a protest is filed against a reissue application, the examiner should take the following steps: Determine if a protest has been filed. If a protest exists, handle it according to the procedures set forth in MPEP § 1901.06. Consider the specific guidelines for protests under 37 CFR 1.291 in reissue applications, as outlined in…
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