What determines the priority of examination within an examiner’s docket?

Within an examiner’s docket, the primary factor determining examination priority is the effective U.S. filing date. The MPEP states: “Each examiner will give priority to that application in his or her docket, whether amended or new, which has the oldest effective U.S. filing date.” However, there are exceptions to this rule. For example, reissue applications,…

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How does the USPTO handle rejections when an applicant claims benefit to a prior application?

How does the USPTO handle rejections when an applicant claims benefit to a prior application? When an applicant claims benefit to a prior application, the USPTO has specific procedures for handling rejections. According to MPEP 715.01(a): “If the applicant is claiming the benefit of a prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or…

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What are the timing requirements for common ownership under 35 U.S.C. 102(b)(2)(C)?

The timing of common ownership is crucial for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C). The MPEP clarifies: The requirement for common ownership not later than the effective filing date of the claimed invention is intended to preclude obtaining ownership of the disclosed subject matter after the effective filing date of the claimed…

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