What are the requirements for submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC)?
Submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC) requires meeting specific criteria due to the advanced stage of the reexamination process. According to MPEP 2656, the submission must be accompanied by: A factual accounting providing a sufficient explanation of why the information could not have been submitted earlier An unequivocal statement…
Read MoreWhat happens if a “Sequence Listing XML” is not submitted with an international application?
If a “Sequence Listing XML” is not submitted with an international application, the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may issue a notice requiring compliance. According to MPEP 2414.05: “Where applicant has not provided a sequence listing in accordance with Annex C of the Administrative Instructions and the USPTO…
Read MoreCan the International Preliminary Examining Authority require a sequence listing after filing?
Yes, the International Preliminary Examining Authority (IPEA) has the power to require a sequence listing after the initial filing of a PCT application. MPEP 1877 states: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late…
Read MoreWhat should I do if the USPTO doesn’t receive my priority document through PDX in time?
If the United States Patent and Trademark Office (USPTO) doesn’t receive your priority document through the Priority Document Exchange (PDX) program within the specified time frame, you have options. According to MPEP 215.02(a): The Office appreciates that an applicant may discover that the Office will not receive a copy of a foreign application through the…
Read MoreCan a request for issuance to an assignee be submitted after the issue fee is paid?
Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply: The request must state that the assignment was submitted for recordation before patent issuance. It must include a request for a certificate of correction under 37 CFR 1.323. The appropriate fees must be paid,…
Read MoreCan the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?
Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so: These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts. A surcharge may be…
Read MoreCan the inventor’s oath or declaration be submitted after filing the patent application?
Can the inventor’s oath or declaration be submitted after filing the patent application? Yes, the inventor’s oath or declaration can be submitted after filing the patent application. The MPEP 602.01(a) states: “The inventor’s oath or declaration may be submitted after the application filing date. If the oath or declaration is filed after the application filing…
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