What are the requirements for filing a patent protest?

Filing a patent protest has specific requirements as outlined in the MPEP. The document states that “Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested.” Additionally, the MPEP advises that “Any briefs or…

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What is the “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”?

The “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements” is a formal notification sent to the requester when their ex parte reexamination request fails to meet one or more filing date requirements. According to MPEP 2227: “Form PTOL-2077, ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ is…

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What languages are acceptable for filing an international design application?

According to MPEP 2906, international design applications must be filed in one of three prescribed languages: English French Spanish The MPEP specifically states: “The prescribed languages, set forth in Hague Agreement Rule 6, are English, French, and Spanish.“ It’s crucial to note that using one of these languages is a requirement for obtaining a filing…

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Can the filing date of a U.S. national stage application be the international filing date?

Yes, the filing date of a U.S. national stage application can be the international filing date under certain conditions. According to MPEP 1893.03(b): “An international application designating the United States will have a United States filing date as of the international filing date if the requirements of 35 U.S.C. 371(c) are met within 30 months…

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What are the requirements for filing a continuation or divisional of a PCT application in the US?

To file a continuation or divisional of a PCT application designating the United States, the following requirements must be met: The PCT application must be pending (not abandoned) at the time of filing the continuation or divisional. The continuation or divisional must be filed before the patenting, abandonment, or termination of proceedings on the PCT…

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What form should be used to file a Demand for international preliminary examination?

To file a Demand for international preliminary examination, applicants should use Form PCT/IPEA/401. As stated in MPEP 1864: “The demand should be filed on Form PCT/IPEA/401 along with the fee calculation sheet.” The MPEP also provides information on where to obtain the form: “The form is available free of charge on WIPO’s website at www.wipo.int/pct/en/forms/index.html.”…

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