When does the primary examiner lose jurisdiction over a patent application?
The primary examiner retains jurisdiction over a patent application until the Notice of Allowance is mailed. As stated in MPEP 1305: “Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed.” However, even after the Notice of Allowance, the examiner may still permit certain limited amendments under 37 CFR…
Read MoreHow does the USPTO handle markings on returned Notices of Allowance?
The USPTO has a specific procedure for handling markings on returned Notices of Allowance. According to MPEP 1303.02: “The original document, a copy of the returned document with any markings, and the remailed document should be retained in the application so that the file history is clear.” This process ensures that: Any markings on the…
Read MoreHow does the USPTO maintain file history clarity for returned Notices of Allowance?
The USPTO maintains file history clarity for returned Notices of Allowance through a systematic process: Retaining the original document Keeping a copy of the returned document with any markings Storing the remailed document in the application file This procedure is outlined in MPEP 1303.02, which states: “The original document, a copy of the returned document…
Read MoreWhy is the date changed when a Notice of Allowance is remailed?
The date is changed when a Notice of Allowance is remailed to ensure accuracy and consistency in the patent application process. According to MPEP 1303.02: “In case a Notice of Allowance is returned, and a new notice is sent (see MPEP § 707.13), the date of sending the notice must be changed in the file…
Read MoreWhat happens if a Notice of Allowance is returned undelivered?
If a Notice of Allowance is returned undelivered, the USPTO takes the following steps: A new Notice of Allowance is sent to the correct address. The date of sending the notice is updated in the file to match the remailing date. The original document, a copy of the returned document (including any markings), and the…
Read MoreHow are terminal disclaimers handled in the Notice of Allowance process?
Terminal disclaimers are an important consideration in the Notice of Allowance process. The MPEP 1303 provides guidance on how these are handled: “If a terminal disclaimer has been filed in the application, the examiner should ensure that the terminal disclaimer has been properly recorded.” The process for handling terminal disclaimers includes: The examiner verifies that…
Read MoreCan an applicant submit an Information Disclosure Statement (IDS) after a notice of allowance?
Yes, an applicant can submit an Information Disclosure Statement (IDS) after a notice of allowance. However, there are specific requirements and potential consequences. According to MPEP 1308.01: “If an IDS is submitted after the mailing of a notice of allowance, it must comply with the requirements of 37 CFR 1.97(d).” These requirements include: Filing the…
Read MoreWhat is the process for reopening prosecution after a notice of allowance?
The process for reopening prosecution after a notice of allowance involves several steps and considerations. According to MPEP 1308.01: “If a new rejection is made, prosecution must be reopened. A new Office action must be prepared that withdraws the previous indication of allowability and sets forth the new rejection.” The process typically includes: The examiner…
Read MoreWhat happens if a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed?
If a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed, the following process occurs: The application is withdrawn from issue. The application is returned to the examiner. Appropriate corrective action is taken by the examiner. A new Notice of Allowance is mailed when the…
Read MoreWhat happens to the publication fee if I file a Request for Continued Examination (RCE) after receiving a Notice of Allowance?
If you file a Request for Continued Examination (RCE) after receiving a Notice of Allowance but before the three-month payment period expires, the due date for the publication fee will be suspended. The MPEP states: “If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s)…
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