Can an examiner make an examiner’s amendment in a merged reissue/inter partes reexamination proceeding?

An examiner can make an examiner’s amendment in a merged reissue/inter partes reexamination proceeding, but only in very limited circumstances. The MPEP states: “The only times that an examiner’s amendment can be made in conjunction with a Notice of Allowability are where the patent owner authorization need not be obtained.” These limited circumstances include: Formal…

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When should a Notice of Allowability be issued?

A Notice of Allowability should be issued promptly whenever an application has been placed in condition for allowance. The MPEP 1302.03 states: “In all instances, both before and after final rejection, in which an application is placed in condition for allowance, applicant should be notified promptly of allowability of the claims by a Notice of…

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What is the process for requesting an interview with an examiner after a Notice of Allowability?

Requesting an interview with an examiner after a Notice of Allowability has been mailed requires special consideration. The MPEP states: “Requests for interviews with examiner after a patent application has been sent to issue (Notice of Allowability mailed), MPEP § 713.10, or after transfer of jurisdiction to the Patent Trial and Appeal Board, MPEP §…

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What is a Notice of Allowability in patent examination?

A Notice of Allowability (form PTOL-37) is an official document used by the United States Patent and Trademark Office (USPTO) to inform patent applicants that their application has been placed in condition for allowance. As stated in MPEP 1302.03: “A Notice of Allowability form PTOL-37 is used whenever an application has been placed in condition…

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What is the significance of the Issue Classification sheet in the patent allowance process?

The Issue Classification sheet plays a crucial role in the patent allowance process. According to MPEP 1303: “The examiner completes the Issue Classification sheet (PTO-101, form paragraph 13.03) and attaches it to the Notice of Allowability (PTOL-37). The applicant may be required to furnish sheet sizes, sheet numbers and numbers of views on Form PTO-103,…

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What information should be included in a Notice of Allowability?

A Notice of Allowability (form PTOL-37) should include specific information related to the allowance of the patent application. According to MPEP 1302.03: “The date of any communication and/or interview which resulted in the allowance should be included in the notice.” Based on this guidance, a Notice of Allowability typically includes: The application number and filing…

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Why is prompt notification of a Notice of Allowability important?

Prompt notification of a Notice of Allowability is crucial for several reasons. According to MPEP 1302.03: “Prompt notice to applicant is important because it may avoid an unnecessary appeal and act as a safeguard against a holding of abandonment.” This statement highlights two key benefits of timely notification: Avoiding unnecessary appeals: If an applicant is…

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