What additional requirements are there for amendments in reexamination?
Amendments in reexamination must meet several additional requirements: They must comply with the formal requirements of 37 CFR 1.52(a) and (b). Amendments must include all fees required by 37 CFR 1.20(c), including excess claim fees if applicable. Each amendment must set forth the status of all patent claims and all added claims as of the…
Read MoreHow does the Written Opinion address defects in the international application?
The Written Opinion addresses defects in the international application in Box No. VII of Form PCT/ISA/237. According to the MPEP, In Box No. VII of Form PCT/ISA/237, defects in the form and content of the international application are identified. These defects can include issues with drawings, description, or claims. The MPEP provides several form paragraphs…
Read MoreHow should an examiner handle formal requirements in Office actions?
According to MPEP 707.07(a), examiners should handle formal requirements in Office actions as follows: Include any form that lists informalities and additional formal requirements in the first action. When indicating allowable subject matter, call attention to 37 CFR 1.111(b) and state that a complete reply must either comply with all formal requirements or specifically traverse…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132?
Affidavits or declarations under 37 CFR 1.130, 1.131, or 1.132 must meet specific formal requirements as outlined in MPEP 717.01(c): They must be properly signed (37 CFR 1.4). They must include the proper jurat or declaration statement (37 CFR 1.68). They should be free of erasures or interlineations made without initials or written assent of…
Read MoreWhat are the formal requirements for affidavits and declarations in patent applications?
The MPEP outlines several formal requirements for affidavits and declarations in patent applications: An affidavit must be a statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. A declaration can be used instead of an affidavit, as permitted by 37 CFR 1.68. Declarations must include an acknowledgment…
Read MoreWhat are the formal requirements for affidavits or declarations under 37 CFR 1.131(a)?
The formal requirements for affidavits or declarations under 37 CFR 1.131(a) are outlined in MPEP 715.04. These include: The affidavit or declaration must be properly signed. Statements in the affidavit or declaration must be in the first person. The affiant or declarant must state their relationship to the invention or application. The affidavit or declaration…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.131(a)?
Affidavits and declarations under 37 CFR 1.131(a) must meet specific formal requirements: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer. A declaration, permitted under 37 CFR 1.68, can be used instead of an affidavit. Declarations must include an acknowledgment that willful false statements are punishable…
Read MoreWhat are the formal requirements for affidavits and declarations under 37 CFR 1.130?
MPEP 717.01(c) outlines the formal requirements for affidavits and declarations under 37 CFR 1.130: An affidavit must be a written statement made under oath before a notary public, magistrate, or authorized officer A declaration must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both (18 U.S.C. 1001) The declarant…
Read MoreWhat is Form Paragraph 7.43.03 used for in patent examination?
Form Paragraph 7.43.03 is used when allowable subject matter has been indicated, but formal requirements are still outstanding. It states: “As allowable subject matter has been indicated, applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).” The MPEP 707.07(a)…
Read MoreWhat should be included in the first action regarding formal matters?
According to MPEP 707.07(a), the first action should include: Any form that lists informalities Any additional formal requirements the examiner desires to make The MPEP states: “Any form that lists informalities and any additional formal requirements which the examiner desires to make should be included in the first action.” This ensures that applicants are fully…
Read More