How do extensions of time work with final rejections?
For final rejections, the USPTO has a specific procedure for extensions of time. The MPEP states: If an applicant initially replies within 2 months from the date of mailing of any final rejection setting a 3-month shortened statutory period for reply and the Office does not mail an advisory action until after the end of…
Read MoreHow should an examiner indicate a first action final rejection?
When an examiner needs to make a first action final rejection, they should use specific form paragraphs provided in the Manual of Patent Examining Procedure (MPEP). According to MPEP 706.07(b): “A first action final rejection should be made by using Form Paragraphs 7.41 or 7.41.03, as appropriate.” The MPEP provides specific form paragraphs for different…
Read MoreWhen can an examiner’s amendment be made without extension fees?
An examiner’s amendment can be made without the payment of extension fees under certain circumstances, as outlined in MPEP 706.07(f): “Where a complete first reply to a final Office action has been filed within 2 months of the final Office action, an examiner’s amendment to place the application in condition for allowance may be made…
Read MoreWhat criteria does an examiner use to grant an interview after final rejection?
An examiner will grant an interview after final rejection if they believe it can lead to a resolution with minimal additional consideration. According to MPEP 713.09: Such an interview may be granted if the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration. This means the examiner…
Read MoreHow does filing a reply within 2 months affect the reply period?
Filing a complete first reply within 2 months of the final Office action can affect the reply period in several ways: If the reply places the application in condition for allowance, it will be processed as an allowance with no extension fees due. If the reply nearly places the application in condition for allowance, except…
Read MoreWhat types of interview requests are likely to be denied after final rejection?
Certain types of interview requests are likely to be denied after final rejection. The MPEP 713.09 specifies: Interviews merely to restate arguments of record or to discuss new limitations which would require more than nominal reconsideration or new search should be denied. This means that interviews aimed at rehashing previous arguments or introducing significant new…
Read MoreWhat are the criteria for making a rejection final in patent examination?
What are the criteria for making a rejection final in patent examination? An examiner can make a rejection final under specific circumstances. According to MPEP 706.07(a): ‘Under present practice, second or any subsequent actions on the merits shall be final, except where the examiner introduces a new ground of rejection that is neither necessitated by…
Read MoreHow can an applicant challenge a premature final rejection?
If an applicant believes a final rejection is premature, they can challenge it through a petition process. According to MPEP 706.07(c), the issue of prematureness “is reviewable by petition under 37 CFR 1.181.” This means that applicants can file a petition to the USPTO requesting a review of the premature final rejection. The MPEP directs…
Read MoreCan an examiner withdraw the finality of a rejection after an application is abandoned?
No, an examiner cannot withdraw the finality of a rejection once an application is abandoned. The MPEP 706.07(d) explicitly states: “The examiner cannot withdraw the final rejection once the application is abandoned.” This emphasizes the importance of addressing final rejections and considering requests for reconsideration before an application reaches abandoned status. To learn more: Final…
Read MoreHow are extension fees calculated after a final rejection?
The calculation of extension fees after a final rejection depends on several factors, as outlined in MPEP 706.07(f): If a complete first reply is filed within 2 months and an advisory action is issued, the shortened statutory period (SSP) expires 3 months from the date of the final rejection or on the date of the…
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