When should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01: “Any such request should be filed at least three months prior to the expiration date of the patent.“ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’…
Read MoreWhen can prior art or Section 301 written statements be filed for a patent?
Prior art or Section 301 written statements can be filed “at any time during the period of enforceability of a patent.” As stated in MPEP 2204: “Submissions may be filed ‘at any time’ under 35 U.S.C. 301. However, this period has been defined by rule (37 CFR 1.501(a)) to be ‘any time during the period…
Read MoreWhen was the last day to file an inter partes reexamination request?
The last day to file an inter partes reexamination request was September 15, 2012. According to MPEP 2626: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that September 15, 2012, was the final day on which the USPTO accepted inter partes reexamination requests. After this date,…
Read MoreWhen must the inventor’s oath or declaration be filed in an international design application?
The inventor’s oath or declaration should typically be included with the initial filing of the international design application. However, if it is not filed initially, there are provisions for later submission. According to 37 CFR 1.1067(b): If the applicant is notified in a notice of allowability that an oath or declaration in compliance with §…
Read MoreWhat is the deadline for filing responses in ex parte reexamination?
The deadline for filing responses in ex parte reexamination is set by 37 CFR 1.530 for patent owners and 37 CFR 1.535 for reexamination requesters. As stated in MPEP 2252, “The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration.”…
Read MoreWhen should a Demand for International Preliminary Examination be filed?
According to MPEP 1865, the Demand must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from the date of transmittal to the applicant of the international search report and the written opinion; or (B) 22 months from the priority date. The MPEP also notes: “In order…
Read MoreHow are filing deadlines affected by USPTO closures?
When the USPTO is officially closed for an entire day due to adverse weather or other causes, it is considered a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. The MPEP states: Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business…
Read MoreHow does the USPTO handle patent applications during postal service emergencies?
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately: The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a). This designation allows for the acceptance of filings that would have been timely filed if not for the postal…
Read MoreIs there a deadline for filing supplemental oaths or declarations after allowance?
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This suggests that applicants have the right to file these documents at any time after allowance.…
Read MoreWhat are the time periods for filing priority or benefit claims in U.S. patent applications?
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally: For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign…
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