Can an examiner communicate with a protestor regarding a filed protest?
No, examiners are not permitted to communicate with protestors regarding filed protests. The MPEP 1901.06 clearly states: “The examiner must not communicate with protestor in any way even if the protest is incomplete or the protestor inquires as to the status of any Office proceedings related to the protest.“ This prohibition applies regardless of the…
Read MoreAre informal memoranda in USPTO petitions sent to petitioners?
No, informal memoranda prepared by examiners in response to USPTO petitions are not sent to petitioners. This is in contrast to formal statements, which are typically mailed to petitioners. MPEP 1002.01 explicitly states: “If an informal memorandum is requested, no copy thereof is mailed to the petitioner by the examiner.“ This difference in procedure highlights…
Read MoreWhat is Form Paragraph 14.06 used for in reissue applications?
Form Paragraph 14.06 is used by examiners to inquire about specific details of litigation related to a reissue application. It serves several purposes: Notifies the applicant that the patent sought to be reissued is involved in litigation Requests that any documents or materials material to patentability be made of record Informs the applicant that extensions…
Read MoreHow should examiners communicate drawing correction rejections?
Examiners are required to provide clear and explicit reasons for not approving drawing corrections in their next communication to the applicant. The MPEP 608.02(x) instructs: “The examiner should explicitly and clearly set forth all the reasons for not approving the corrections to the drawings in the next communication to the applicant.” This ensures that applicants…
Read MoreWhat forms do patent examiners use to communicate about replacement drawings?
Patent examiners have several forms at their disposal to communicate about replacement drawings: Form Paragraph 6.37: Used to acknowledge receipt of replacement drawing sheets. Form PTOL-324: Can be used instead of Form Paragraph 6.37 to provide explanations about drawing compliance. Form PTOL-326 (Office Action Summary): Includes a specific block for acknowledging replacement drawings. The MPEP…
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