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…
Read MoreWhen 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…
Read MoreWhat are the requirements for reasons for allowance in patent applications?
Reasons for allowance are an important part of the patent application process. Here are the key requirements: The examiner must provide reasons for allowance when claims are allowed. These reasons should clearly state why the claims are allowable over the prior art. The statement should be concise and focused on the essential elements. It should…
Read MoreWhat 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 §…
Read MoreWhat is the purpose of form PTOL-37 in patent examination?
What is the purpose of form PTOL-37 in patent examination? Form PTOL-37, also known as the “Notice of Allowability,” serves an important purpose in the patent examination process. According to MPEP 1303.01: “If an amendment is filed after the mailing of a Notice of Allowance (PTOL-85) but before payment of the issue fee, and the…
Read MoreWhat 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…
Read MoreCan a Notice of Allowability be issued after a final rejection?
Yes, a Notice of Allowability can be issued after a final rejection. The MPEP 1302.03 explicitly 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 Allowability PTOL-37.” This means that…
Read MoreWhat 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,…
Read MoreWhat 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…
Read MoreWhy 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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