What happens if the basic national fee is not paid on time for US national stage entry?
What happens if the basic national fee is not paid on time for US national stage entry? If the basic national fee is not paid on time for US national stage entry, the application will be considered abandoned. However, the MPEP provides guidance on potential remedies: If the basic national fee is not paid on…
Read MoreHow are provisional patent applications handled when drawings are missing?
The handling of provisional patent applications with missing drawings differs from nonprovisional applications. For provisional applications: The USPTO does not grant petitions under 37 CFR 1.182 to accept omitted drawings and accord a later filing date Applicants are advised to file a new, complete provisional application instead Upon receiving an OPAP notice about missing drawings,…
Read MoreWhat are the potential consequences of attaching an oath or declaration to a cover letter referencing the wrong application?
The MPEP 602.08(c) warns about a serious potential consequence of misidentifying an application: Further an oath or declaration attached to a cover letter referencing an incorrect application may not become associated with the correct application and, therefore, could result in the abandonment of the correct application. This means that if you submit an oath or…
Read MoreWhen does an application’s status as ‘allowed’ begin and end?
The status of an application as ‘allowed’ has a specific timeframe. According to the MPEP: “Its status as an ‘allowed’ application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue ( 37 CFR 1.313 ), or becomes abandoned for failure to pay the…
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