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…
Read MoreWhat 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…
Read MoreWhat are the requirements for filing an ex parte reexamination request?
Filing an ex parte reexamination request requires several key elements as outlined in 37 CFR 1.510(b): A statement pointing out each substantial new question of patentability based on prior patents and printed publications. An identification of every claim for which reexamination is requested, with a detailed explanation of how the cited prior art applies to…
Read MoreWhat 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…
Read MoreWhen can an applicant file a Demand for international preliminary examination?
An applicant can file a Demand for international preliminary examination after filing an international application under Chapter I of the PCT. According to MPEP 1864: “Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty.”…
Read MoreCan 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…
Read MoreWhat are the requirements for filing a redacted publication request?
To file a redacted publication request, applicants must meet several requirements as outlined in MPEP 1132 and 37 CFR 1.217: Submit a redacted copy of the application via the USPTO’s electronic filing system within 16 months of the earliest filing date for which a benefit is sought. Provide a certified copy of each corresponding foreign-filed…
Read MoreWhat 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…
Read MoreWhat are the requirements for the request form in a PCT application?
The request form in a PCT application must meet specific requirements as outlined in MPEP 1821. These include: The request must be made on a standardized form (PCT/RO/101) or be presented as a computer printout complying with the Administrative Instructions. The form must be in the language of publication of the international application. The request…
Read MoreWhat 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.”…
Read More