How is Form PTOL-475 used in ex parte reexamination proceedings?
Form PTOL-475 is the Ex Parte Reexamination Advisory Action used in ex parte reexamination proceedings. The MPEP 2296 indicates that this form is “used where a submission after final rejection is not sufficient to overcome all rejections.” It serves to notify the patent owner or third-party requester that their response to a final Office action…
Read MoreWhat forms are used for advisory actions in ex parte reexamination?
The USPTO uses specific forms for advisory actions in ex parte reexamination, depending on the stage of the proceedings. According to MPEP 2296, there are two main forms: PTOL-467: Ex Parte Reexamination Advisory Action Before the Filing of an Appeal Brief PTOL-467A: Ex Parte Reexamination Advisory Action After the Filing of an Appeal Brief These…
Read MoreHow should examiners handle after-final amendments or evidence in relation to an Examiner’s Answer?
When handling after-final amendments or evidence in relation to an Examiner’s Answer, examiners should: Ensure each after-final amendment or evidence is indicated as entered or not-entered Issue an advisory action for each after-final amendment or evidence Not comment on affidavits, declarations, or exhibits that were refused entry The MPEP states: “Before preparing the answer, the…
Read MoreHow does filing a reply within 2 months affect the reply period?
Filing a complete first reply within 2 months of the final Office action can affect the reply period in several ways: If the reply places the application in condition for allowance, it will be processed as an allowance with no extension fees due. If the reply nearly places the application in condition for allowance, except…
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