What should an examiner do if certificate of correction changes are improperly marked in a reissue application?
If certificate of correction changes are improperly submitted with underlining and brackets in a reissue application, the examiner should require the applicant to correct this. The correction should be in the form of a replacement paragraph (or paragraphs) without such markings. MPEP 1411.01 states: “If the changes are submitted improperly with underlining and brackets, the…
Read MoreWhat are the requirements for an examiner to require an applicant to add a claim to provoke an interference?
An examiner may require an applicant to add a claim to provoke an interference under certain conditions. According to 37 CFR 41.202(c), the following requirements must be met: The claim must be patentable to the applicant. The claim must be drawn to patentable subject matter claimed by another applicant or patentee. The claim must be…
Read MoreWhat types of information can an examiner require under MPEP 704?
Under MPEP 704, an examiner has the authority to require various types of information that are reasonably necessary for proper examination. According to MPEP 704.11, this may include: Technical information about the invention Prior art references known to the applicant Information used in the invention process Details about the applicant’s own publications Factual information about…
Read MoreCan an examiner require information about prior art cited in an information disclosure statement (IDS)?
Can an examiner require information about prior art cited in an information disclosure statement (IDS)? Yes, an examiner can require information about prior art cited in an information disclosure statement (IDS). The MPEP 704.10 provides specific guidance on this matter: Information reasonably necessary for finding prior art may include explanations of how the inventive features…
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