How does the USPTO notify applicants of patent term adjustment determinations?
The USPTO has specific procedures for notifying applicants about patent term adjustment (PTA) determinations. According to MPEP 2733: “The Office generally prints the patent term adjustment determination on the Notice of Allowance and Issue Fee Due (PTOL-85).” The notification process includes: Printing the PTA determination on the Notice of Allowance Providing a breakdown of the…
Read MoreWhat is the timeframe for submitting a patent protest?
The timeframe for submitting a patent protest is subject to specific regulations. According to MPEP 1901.07(a), protests are subject to “the time frames set forth in 37 CFR 1.291(b), the caveat that the protest can be timely matched and considered prior to the date the notice of allowance under 37 CFR 1.311 is given or…
Read MoreWhat is the impact of filing a Request for Continued Examination (RCE) on patent term adjustment?
Filing a Request for Continued Examination (RCE) after a notice of allowance has been mailed can result in a reduction of patent term adjustment. According to 37 CFR 1.704(c)(12): “Submission of a request for continued examination under 35 U.S.C. 132(b) after any notice of allowance under 35 U.S.C. 151 has been mailed as constituting a…
Read MoreWhat are the time limitations for submitting a protest in a patent application?
There are specific time limitations for submitting a protest in a patent application: For unpublished applications, the protest must be submitted prior to the date the application was published or the mailing of a notice of allowance, whichever occurs first. For published applications, the protest must be submitted prior to the mailing of a notice…
Read MoreWhat is the time limit for filing a protest under 37 CFR 1.291?
The time limit for filing a protest under 37 CFR 1.291 is before the date the application is published or a notice of allowance is mailed, whichever occurs first. As stated in the MPEP 1901: “A protest must be submitted prior to the date the application was published or a notice of allowance under 37…
Read MoreWhat is the deadline for submitting a protest before publication of a patent application?
The deadline for submitting a protest before publication of a patent application is the date the application is published or the date a notice of allowance is mailed, whichever occurs first. According to MPEP 1901.04: “A protest submitted prior to publication … will be entered into the record of the application if … received by…
Read MoreCan a protest be submitted after a notice of allowance has been issued?
No, a protest cannot be submitted after a notice of allowance has been issued. According to MPEP 1901.04: “A protest submitted on or after the date a notice of allowance under 37 CFR 1.311 was given or mailed will not be entered and will be discarded pursuant to 37 CFR 1.291(g).“ This means that any…
Read MoreWhat is the deadline for submitting a protest against a patent application?
According to MPEP 1901.04, a protest is considered timely if it meets one of two conditions: It is filed before the application is published under 37 CFR 1.211 or before a notice of allowance under 37 CFR 1.311 is given or mailed, whichever occurs first. It is accompanied by written consent from the applicant and…
Read MoreCan I make a biological material deposit after receiving a Notice of Allowance?
Yes, you can make a biological material deposit after receiving a Notice of Allowance, but there are specific requirements and time constraints. According to MPEP 2406: “Where a deposit is needed to satisfy the requirements of 35 U.S.C. 112 and it is made during the pendency of the application, it must be made no later…
Read MoreWhen is the issue fee due for a patent application?
The issue fee for a patent application is due 3 months from the date of the Notice of Allowance. As stated in MPEP 1306: “The issue fee and any required publication fee are due 3 months from the date of the Notice of Allowance. The period for payment of the issue fee and any required…
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