Can a registered patent practitioner withdraw from multiple applications simultaneously?
Yes, a registered patent practitioner can withdraw from multiple applications simultaneously. The process is as follows: File a single request listing all affected application and patent numbers. Include the correspondence address for each application or patent. If applicable, provide new attorney registration numbers for each case. According to MPEP 2560: “A request for withdrawal from…
Read MoreCan multiple patents be extended for the same regulatory review period?
No, only one patent can be extended for a single regulatory review period for any product. This is explicitly stated in 35 U.S.C. 156(c)(4): “in no event shall more than one patent be extended under subsection (e)(1) for the same regulatory review period for any product.” The MPEP 2761 further clarifies: “Only one patent may…
Read MoreWhat happens if multiple applications for extension are filed for the same patent?
If multiple applications for extension are filed for the same patent, the USPTO will issue the certificate of extension based on the first filed application. According to 37 CFR 1.785(a): “If more than one application for extension of the same patent is filed, the certificate of extension of patent term, if appropriate, will be issued…
Read MoreHow does the USPTO handle provisional double patenting rejections?
The USPTO handles provisional double patenting rejections as follows: Examiners make a complete examination of claims in each application filed by the same applicant or assignee. If patentably indistinct claims are found, appropriate rejections are entered in each application. Claims may be rejected on the grounds of provisional double patenting based on the claims of…
Read MoreWhat are patentably indistinct claims in patent applications?
Patentably indistinct claims are claims in two or more applications filed by the same applicant or assignee that are substantially similar in scope and content. According to MPEP 822, “Where two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may…
Read MoreWhat guidance does MPEP 806.03 provide for voluntarily presented claims in different applications?
MPEP 806.03 offers specific guidance for situations where similar claims are voluntarily presented in different patent applications. The section states: “Where such claims are voluntarily presented in different applications having at least one common (joint) inventor or a common assignee (i.e., no restriction requirement was made by the Office), disclosing the same embodiments, see MPEP…
Read MoreHow are issue fee payments applied to multiple applications?
When issue fee payments are made for multiple applications, the following rules apply: A single payment can cover issue fees for multiple applications. The payment must clearly identify each application and the fee being paid for each. If the payment is insufficient to cover all fees, it will be applied in ascending application number order.…
Read MoreHow is the recording fee calculated for multiple patents or applications?
The recording fee for multiple patents or applications is calculated on a per-item basis. According to MPEP 302.06: The recording fee set in 37 CFR 1.21(h) is charged for each patent application and patent identified in the required cover sheet except as provided in 37 CFR 3.41(b). This means that if you are recording a…
Read MoreCan I claim priority to multiple foreign applications for the same invention?
Yes, you can claim priority to multiple foreign applications for the same invention, provided they meet certain criteria. The MPEP 213.02 addresses this situation: Where two or more foreign applications are combined in a single U.S. application, to take advantage of the changes to 35 U.S.C. 103 or to claim both priority and the benefit…
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