What constitutes ‘actions by the applicant’ under 37 CFR 1.129(b)(1)?
Under 37 CFR 1.129(b)(1), certain actions by the applicant can prevent the application of transitional application provisions. The MPEP provides examples of what constitute “actions by the applicant”: Abandoning the application and continuing to refile it such that no Office action could be issued Requesting suspension of prosecution under 37 CFR 1.103(a) such that no…
Read MoreWhat actions should an applicant take after receiving a MPEP ¶ 2.05 notification?
After receiving a MPEP ¶ 2.05 notification, an applicant should take the following actions: Review the notification carefully: Understand the examiner’s assessment that the application may constitute a continuation or division. Verify the information: Confirm that the prior application number and filing date mentioned in the notification are correct. Assess the application’s status: Determine if…
Read MoreWhat should applicants do if their patent attorney or agent is suspended?
If an applicant’s patent attorney or agent is suspended, they should take the following steps: File a new power of attorney in the application to have a registered attorney or agent represent them before the Office. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on…
Read MoreHow can a patent application become formally abandoned?
A patent application can become formally abandoned through an explicit action by the applicant or their representative. MPEP 203.05 states that an abandoned application includes one that is removed from the Office docket of pending applications: (A) through formal abandonment by the applicant or by the attorney or agent of record. This means the applicant…
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