How does the USPTO handle amendments accompanying partially granted motions?
When an amendment accompanies a motion that is only partially granted, the USPTO handles it as follows: According to MPEP 714.20: “In an amendment accompanying a motion granted only in part, the amendment is entered only to the extent that the motion was granted.” This means that only the portions of the amendment related to…
Read MoreWhat are the procedures for filing a motion in a PTAB trial proceeding?
Filing a motion in a Patent Trial and Appeal Board (PTAB) trial proceeding involves specific procedures and authorizations. According to MPEP 1002.02(j): “Authorizations to file a motion other than a petition requesting the institution of a trial. 37 CFR 41.121 and 42.20 – 42.25.” This means that parties must generally obtain authorization from the PTAB…
Read MoreWhat happens to amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208?
Amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208 are subject to specific rules when they apply to an application in issue. According to MPEP 714.16(b), “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until…
Read MoreWhat is the relationship between a motion under 37 CFR 41.208 and an amendment under 37 CFR 1.312?
The relationship between a motion under 37 CFR 41.208 and an amendment under 37 CFR 1.312 is crucial for applications in issue. According to MPEP 714.16(b), “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until the motion has been…
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