What is the process for notifying elected Offices of a PCT application’s election?
The process for notifying elected Offices of a PCT application’s election is outlined in MPEP 1881 and PCT Rule 61. The key steps are: The International Bureau (IB) is responsible for notifying elected Offices. The notification includes the application number, filing date, applicant name, priority claim details (if applicable), and the date the International Preliminary…
Read MoreHow should a patent owner notify the USPTO of prior or concurrent proceedings?
Patent owners should notify the USPTO of prior or concurrent proceedings as specified in MPEP 1418: “The patent owner has a duty to notify the Office in writing, within two months of the date of the order … of any prior or concurrent proceedings in which the patent is or was involved such as interferences,…
Read MoreWhat happens if I file a nonpublication request and later decide to file a foreign application?
If you file a nonpublication request and later decide to file a counterpart foreign or international application, you must take one of the following actions: Rescind the nonpublication request before filing the foreign or international application, or Notify the USPTO of the foreign filing no later than 45 days after the filing date of the…
Read MoreWhat is the role of the International Bureau in the PCT election process?
The International Bureau (IB) plays a crucial role in the PCT election process, as outlined in MPEP 1881. Its main responsibilities include: Notifying elected Offices of the demand and elections Sending the notification to elected Offices along with the Article 20 communication Promptly notifying elections made after the initial communication Informing the applicant in writing…
Read MoreWhat is the examiner’s responsibility regarding cancelled claims after a Board decision?
After a Board decision in a patent appeal, the examiner has specific responsibilities regarding cancelled claims. According to MPEP 1214.05, “It is necessary for the examiner to notify the appellant of the cancellation of the withdrawn claims.” This means that if claims are considered withdrawn and subsequently cancelled due to the appellant not presenting them…
Read MoreWhat is required when notifying the USPTO of a loss of micro entity status?
When notifying the USPTO of a loss of micro entity status, the following requirements must be met: The notification must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which micro entity status is no longer appropriate. The notification must be signed…
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