What is the process for correcting citation errors in applications ready for issue?
For patent applications that are otherwise ready for issue but contain citation errors, the USPTO has a specific process for correction. As stated in MPEP 707.05(g): In any application otherwise ready for issue, in which the erroneous citation has not been formally corrected in an official paper, the examiner is directed to correct the citation…
Read MoreWhat happens if no petition to expunge is filed before the notice of allowability in a reissue application?
If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs: The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file. These materials become open to the public under 37 CFR 1.11(b). There is no further opportunity to…
Read MoreCan the deadline for submitting corrected drawings be extended in response to a notice of allowability?
No, extensions of time are not permitted for submitting corrected drawings in response to a notice of allowability. The MPEP clearly states: Extensions of time to provide acceptable drawings in response to a notice of allowability are not permitted. This strict policy ensures that the patent granting process is not unnecessarily delayed and encourages applicants…
Read MoreWhat is the deadline for submitting corrected patent drawings?
The deadline for submitting corrected patent drawings depends on when the requirement is made: If required in an Office action: The deadline will be specified in the Office action. If required in a Notice of Allowability: Applicants have three months from the mailing date of the notice to submit corrected drawings. The MPEP 608.02(b) states:…
Read MoreWhat happens when a Secrecy Order patent application is in condition for allowance?
As explained in MPEP 130, when a patent application under a Secrecy Order is in condition for allowance, “a notice of allowability (Form D-10) is issued, thus closing the prosecution.” See 37 CFR 5.3(c). After the notice of allowability is issued, any amendments received are not entered or responded to until the Secrecy Order is…
Read MoreWhat happens when a Secrecy Order case is in condition for allowance?
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution. This is in accordance with 37 CFR 5.3(c). The…
Read MoreWhat is the typical timeframe for receiving a Notice of Allowance after a Notice of Allowability?
The timeframe for receiving a Notice of Allowance (PTOL-85) after a Notice of Allowability (Form PTOL-37) is generally within three months. However, if you don’t receive the Notice of Allowance within this period, it may be appropriate to make a status inquiry. The MPEP states: A Notice of Allowability, Form PTOL-37, is routinely mailed in…
Read MoreHow are replacement drawings handled in utility patent applications after the Notice of Allowability?
Replacement drawings received in utility patent applications after the Notice of Allowability is mailed are handled differently: Where replacement drawings are received in utility patent applications after the Notice of Allowability was mailed, the replacement drawings are handled by the Office of Data Management. Submission to the examiner is not necessary unless an amendment to…
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