What happens if the Board reverses the examiner’s rejection in a patent application?
When the Board reverses the examiner’s rejection in a patent application, the following procedures apply: The application is returned to the examiner. The examiner must take action consistent with the Board’s decision. If the Board’s decision includes an approval for claims, those claims should be allowed. The examiner must follow the Board’s instructions for any…
Read MoreWhat happens if I submit a patent amendment without pointing out the patentable novelty?
If you submit a patent amendment without pointing out the patentable novelty, your claims may not be allowed. The Manual of Patent Examining Procedure (MPEP) Section 714.04 states: In the consideration of claims in an amended case where no attempt is made to point out the patentable novelty, the claims should not be allowed. This…
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