What is the process for signing and scanning patent examiner actions?
The process for signing and scanning patent examiner actions involves several steps: The assistant examiner (if any) initials the original action. The authorized signatory examiner signs the action. The signed action is soft scanned into the image file wrapper. After scanning, the action is made available electronically or mailed as copies. According to MPEP 707.12:…
Read MoreHow are patent examiners’ actions delivered to applicants?
Patent examiners’ actions are delivered to applicants through two main methods: Electronic access: Applicants can access the examiner’s action electronically through the USPTO’s electronic filing system. Mailed copies: Physical copies of the examiner’s action are mailed to the applicant. As stated in MPEP 707.12: Access to the examiner’s action is given electronically or copies are…
Read MoreWho is responsible for signing patent examiner actions?
Patent examiner actions are signed by two key individuals: Assistant Examiner: Initials the original action (if an assistant examiner is involved). Authorized Signatory Examiner: Signs the action, providing official approval. The MPEP 707.12 states: Access to the examiner’s action is given electronically or copies are mailed after the original, initialed by the assistant examiner, if…
Read MoreWhat are the time limits for responding to a requirement for information in patent applications?
What are the time limits for responding to a requirement for information in patent applications? The time limits for responding to a requirement for information in patent applications are as follows: For non-final Office actions: The response period is typically two months, which may be extended up to six months from the Office action mailing…
Read MoreWhat happens if an applicant fails to reply to a non-final Office action within the period for reply?
If an applicant fails to reply to a non-final Office action within the period for reply, the application becomes abandoned. According to MPEP 711.02(a): An application becomes abandoned if applicant ‘fails to reply’ to an office action within the fixed statutory period. This failure may result either from (A) failure to reply within the statutory…
Read MoreCan a reply be considered responsive if it only addresses some of the rejections?
No, a reply that only addresses some of the rejections is generally not considered fully responsive. The MPEP 714.02 states: ‘In order to be entitled to reconsideration or further examination, the applicant or patent owner must reply to the Office action. The reply by the applicant or patent owner must be reduced to a writing…
Read MoreAfter withdrawing the finality of a rejection, can the next Office action be made final?
Yes, after withdrawing the finality of a rejection, the next Office action can be made final under certain conditions. The MPEP 706.07(d) states: “Once the finality of the Office action has been withdrawn, the next Office action may be made final if the conditions set forth in MPEP § 706.07(a) are met.” This means that…
Read MoreWhat is a new ground of rejection in patent examination?
A new ground of rejection in patent examination refers to a rejection that introduces new prior art or a new statutory basis for rejecting a claim. However, the specific definition can be complex. The MPEP provides guidance on what constitutes a new ground of rejection in MPEP § 1207.03(a). It’s important to note that not…
Read MoreWhat happens when two different periods for reply are running against a patent application?
When two different periods for reply are running against a patent application, the following applies: The first period is typically the regular statutory period. The second period is usually set by a subsequent Office action. The running of the first period is not suspended or affected by an ex parte limited time action or an…
Read MoreWhat does the MPEP say about applications up for third action?
The MPEP emphasizes the importance of efficient examination for applications up for third or subsequent actions. According to MPEP 707.02: The supervisory patent examiners are expected to personally check on the pendency of every application which is up for the third or subsequent Office action with a view to finally concluding its prosecution. This means…
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