What are the different work schedules for patent examiners and how are they communicated?
Patent examiners may have different work schedules, which are communicated in their office actions to help applicants understand their availability. The MPEP provides two main form paragraphs for this purpose: Form Paragraph 7.101 for non-5/4/9 schedules Form Paragraph 7.102 for 5/4/9 schedules For example, Form Paragraph 7.102 states: “The examiner can normally be reached on…
Read MoreWhat are the key elements patent examiners check in amended applications?
According to MPEP 714.05, patent examiners should review all amended applications immediately to check the following key elements: Proper signature (MPEP § 714.01(a)) Timely filing within the statutory period or set time limit (MPEP § 710) Full responsiveness and compliance with 37 CFR 1.121 (MPEP § 714) Need for transfer based on changes (MPEP §…
Read MoreWhat should patent examiners immediately review when receiving an applicant’s action?
Patent examiners should immediately review actions by applicants, especially those filed near the end of the reply period. According to MPEP 714.05, examiners should: Determine if the action is completely responsive to the preceding Office action Prevent abandonment of the application Notify the applicant of any deficiencies if sufficient time remains The MPEP states: “Actions…
Read MoreHow are timely submitted affidavits and declarations handled by the patent examiner?
When affidavits or declarations under 37 CFR 1.130 are timely submitted and admitted, the patent examiner is required to acknowledge and comment on them in the next office action. According to MPEP 717.01(f): All admitted affidavits and declarations are acknowledged and commented upon by the examiner in the next succeeding action, and an indication of…
Read MoreHow is an examiner’s contact information provided in a patent office action?
In every patent office action, the examiner’s contact information is provided for applicants to reach out with inquiries or to arrange interviews. According to MPEP 707.08, “The full surname of the examiner who prepares the Office action will, in all cases, be typed at the end of the action. The name and telephone number of…
Read MoreHow should patent examiners handle claims in each Office action?
Patent examiners should mention each pending claim by number and provide its treatment or status in every Office action. This practice is outlined in MPEP 707.07(i), which states: In every Office action, each pending claim should be mentioned by number, and its treatment or status given. This approach ensures easy traceability of a claim’s history…
Read MoreWhat 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 More