How does the USPTO handle partial changes in ownership recorded in the International Register?
The USPTO has specific rules regarding partial changes in ownership recorded in the International Register. According to MPEP 2930 and 37 CFR 1.1065(b): “A recording of a partial change in ownership in the International Register pursuant to Rule 21(7) concerning a transfer of less than all designs shall not have effect in the United States.”…
Read MoreHow does an examiner initiate a transfer of a design application?
To initiate a transfer of a design application, an examiner in the USPTO follows these steps: Determine the proposed classification of the application. If necessary, perform a cursory search or contact the applicant for clarification. Send an email to the examiner who customarily examines the art of the proposed classification. Provide a full explanation of…
Read MoreWhat is the transfer procedure for design applications in the USPTO?
The transfer procedure for design applications in the USPTO’s Technology Center (TC) 2900 involves the following steps: When an examiner believes an application doesn’t belong in their assigned art area, they can request a transfer. The originating examiner determines the proposed classification of the application. An email is sent to the receiving examiner with a…
Read MoreWhat happens if there’s a dispute over the classification of a design application?
When there’s a dispute over the classification of a design application in the USPTO, the following process is followed: Examiners attempt to reach an agreement on the classification and assignment. If no agreement is reached, the transfer request is forwarded to the supervisors of the originating and receiving examiners. If supervisors can’t agree, the request…
Read MoreWhat are the four types of U.S. national applications?
According to the MPEP, there are four types of U.S. national applications: A national stage application under 35 U.S.C. 371 A regular domestic national application filed under 35 U.S.C. 111(a) A provisional application filed under 35 U.S.C. 111(b) An international design application filed under the Hague Agreement The MPEP states: “There are four types of…
Read MoreHow are nonprovisional design and plant applications assigned for examination?
Nonprovisional design and plant applications are assigned for examination based on several general guidelines: Assignments follow the rules governing patent classification as much as possible. Applications are typically assigned based on where they would have an original classification if the claims were in a patent. The criteria for determining original classification are outlined in MPEP…
Read MoreHow should examiners handle cross-referencing for design and plant applications during prosecution?
Examiners should maintain systematic notes for cross-referencing design and plant applications throughout the examination process. The MPEP provides specific guidance: Throughout the examination of a design or plant application, systematic notes should be kept as to cross-references needed either due to claimed or unclaimed disclosure. Key points for examiners: Consult with examiners handling related subject…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreAre there any exceptions to the standard extension of time rules for patent applications?
Are there any exceptions to the standard extension of time rules for patent applications? Yes, there are several exceptions to the standard extension of time rules for patent applications. According to MPEP 710.02(e), some notable exceptions include: Design Applications: An extension of time in a design application operates differently than in a utility application. Unlike…
Read MoreWhen can a continuation application be filed?
A continuation application can be filed at various stages during the patent application process, as long as the parent application is still pending. The MPEP provides guidance on the timing: “At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application…
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