What is the significance of the two-month special status for reissue applications?
What is the significance of the two-month special status for reissue applications? The two-month special status for reissue applications is a procedural benefit that expedites their examination. According to MPEP 1442: “All reissue applications are taken up ‘special’ and remain ‘special’ even though the applicant does not respond promptly.” This special status means that reissue…
Read MoreWhat authority does the Director of Technology Center 2900 have in design patent applications?
The Director of Technology Center 2900 has specific authority delegated for design patent applications, in addition to the general authorities given to all Technology Center Directors. Specifically, the Director of TC 2900 can decide on: Requests for expedited examination of design applications under 37 CFR 1.155, as outlined in MPEP § 1504.30. As stated in…
Read MoreHow does an application being “substantially allowable” affect its processing?
When an application is deemed “substantially allowable,” it receives special status and is processed more quickly. MPEP § 1301 states: “When an application is in condition for allowance, except as to matters of form, the application will be considered special and prompt action taken to require correction of formal matters.” This means that the USPTO…
Read MoreWhat is the significance of an application being considered “special”?
When an application is considered “special,” it receives priority treatment in the examination process. MPEP § 1301 states: “When an application is in condition for allowance, except as to matters of form, the application will be considered special and prompt action taken to require correction of formal matters.” This special status means that the USPTO…
Read MoreHow are “special” applications handled during the appeal process?
Applications that have been designated as “special” receive expedited treatment throughout the entire prosecution process, including appeals. MPEP 1203 states, “If the applicant remains diligent, an application for patent that once has been made special and advanced out of turn by the United States Patent and Trademark Office (Office) for examination will continue to be…
Read MoreHow can I request expedited examination for a design patent application?
To request expedited examination for a design patent application, you need to follow the procedure outlined in 37 CFR 1.155 and MPEP § 1504.30. The request will be decided by the Director of Technology Center 2900, as stated in MPEP § 1002.02(c)(3): “Requests for expedited examination of design applications under 37 CFR 1.155, MPEP §…
Read MoreCan I request expedited examination for a design reissue application?
Yes, expedited examination can be requested for design reissue applications. The process is as follows: File the design reissue application with a request under 37 CFR 1.155. The application undergoes expedited processing throughout the entire prosecution. The Design TC Director must grant the request for expedited examination. A waiver under 37 CFR 1.182 is considered…
Read MoreWhat is the process for filing a design reissue application?
A design reissue application can be filed in the same manner as a utility patent reissue application. However, there are some specific procedures for design reissue applications: The application fee is set forth in 37 CFR 1.16(e), with additional search and examination fees required. Expedited examination can be requested under 37 CFR 1.155. Multiple design…
Read MoreHow do I request prioritized examination for a request for continued examination (PE-RCE)?
To request prioritized examination for an RCE (PE-RCE), the following conditions must be met: The application must be a non-reissue utility or plant nonprovisional application The publication fee must be paid The PE-RCE request must be filed before the first Office action after filing the RCE Only one PE-RCE request may be granted per application…
Read MoreWhat is prioritized examination?
Prioritized examination is a program that allows an application to be accorded special status and examined out of turn. The goal is to provide a final disposition within 12 months of prioritized status being granted. There are two types: ‘Track One’ for newly filed applications ‘PE-RCE’ for requests for continued examination As stated in the…
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