When is it necessary to inspect previously patented or abandoned application papers?
Inspecting previously patented or abandoned application papers is necessary in certain situations during patent examination. According to MPEP 711.04(b): “In examination of an application it is sometimes necessary to inspect the application papers of a previously patented or abandoned application. It is always necessary to do so in the examination of a reissue application.” This…
Read MoreHow is refusal to join an application determined under pre-AIA 37 CFR 1.47?
Determining refusal to join an application under pre-AIA 37 CFR 1.47 involves several considerations: The inventor must be presented with the application papers. The inventor must understand what they are being asked to sign. The inventor must expressly refuse to accept the application papers. The MPEP states: ‘A refusal by an inventor to sign an…
Read MoreWhat are the consequences of submitting color drawings in a utility patent application?
What are the consequences of submitting color drawings in a utility patent application? Submitting color drawings in a utility patent application has specific consequences and requirements: Color drawings are not ordinarily permitted in utility patent applications. As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are…
Read MoreWhat happens if a patent application is filed with informal papers?
If a patent application is filed with informal papers (e.g., typed on both sides of the paper, not permanent, legible, or reproducible), the USPTO will still accord a filing date if the application otherwise meets the requirements. The MPEP states: OPAP accords a filing date, as of the date indicated by the “Office Date” stamp…
Read MoreWhat steps should be taken to present application papers to a nonsigning inventor?
When dealing with a nonsigning inventor under pre-AIA 37 CFR 1.47, the following steps should be taken to present application papers: Send a copy of the application papers to the last known address of the nonsigning inventor. If the inventor is represented by counsel, send the papers to the inventor’s attorney’s address. Ensure that the…
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