How should a patent examiner respond to an applicant’s reply to a written description rejection?
When an applicant replies to a written description rejection, the patent examiner must follow a specific process as outlined in MPEP 2163.04: Review the entire record, including amendments, arguments, and any evidence submitted by the applicant. If the whole record now demonstrates that the written description requirement is satisfied, do not repeat the rejection in…
Read MoreHow should an applicant respond to an Office Action?
When responding to an Office Action, applicants should: Include the application number, 4-digit art unit number, and examiner’s name Include the 4-digit confirmation number on every paper filed Address all rejections and objections raised in the Office Action Provide arguments for allowability as required by 37 CFR 1.111 The MPEP section 707 states: Replies to…
Read MoreWhat is the examiner’s obligation if the applicant’s reply is incomplete?
If the applicant’s reply is incomplete, the examiner has specific obligations as outlined in MPEP 704.14(b): Direct quote: “If the reply is incomplete, the examiner may, at his or her option, either act on the application (if sufficient information is available or no further information is required) or require the applicant to complete the reply…
Read MoreWhen is a patent application considered “amended”?
According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include: An election A traverse of the examiner’s action An amendment to the application
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