What constitutes a submission not fully responsive to a non-final Office action in a patent reexamination?
A submission is considered not fully responsive to a non-final Office action in a patent reexamination when: A bona fide response to the examiner’s non-final action is filed It’s filed before the expiration of the permissible response period, including extensions But through an apparent oversight or inadvertence, some necessary point has been omitted As stated…
Read MoreWhat is the significance of a ‘bona fide attempt’ in patent reexamination responses?
A ‘bona fide attempt’ in patent reexamination responses refers to a genuine effort by the patent owner to advance the reexamination proceeding to final action, even if the response contains minor deficiencies. According to MPEP 2266.01: “Where a patent owner submission responds to the rejections, objections, or requirements in a non-final Office action and is…
Read MoreWhat is the difference between Form Paragraph 7.91 and Form Paragraph 7.95?
Form Paragraphs 7.91 and 7.95 are used in different scenarios during patent examination, as indicated in MPEP 711.02(a): Form Paragraph 7.91 is used when the reply is not fully responsive to the Office action and there appears to be no bona fide attempt to respond. Form Paragraph 7.95 is used when the reply appears to…
Read MoreWhat constitutes a bona fide attempt to respond to a patent office action?
What constitutes a bona fide attempt to respond to a patent office action? A bona fide attempt to respond to a patent office action is a genuine effort to address the issues raised by the examiner. According to MPEP 711.02(a): “Where there has been a bona fide attempt to advance the application and to respond…
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