Can a petition to expunge be filed for information in an abandoned application?
Can a petition to expunge be filed for information in an abandoned application? Yes, a petition to expunge can be filed for information in an abandoned application. However, there are specific considerations and limitations. According to MPEP 724.05: ‘A petition to expunge information or a copy of papers in an application file after the application…
Read MoreHow can an inventor be restricted from accessing their patent application?
While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106: Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is…
Read MoreCan an assignee control access to a patent application?
Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or…
Read MoreHow can an inventor’s access to their patent application be restricted?
An inventor’s access to their patent application can be restricted, but it requires a specific process. According to MPEP 106, “Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions.” If the request is…
Read MoreWhat should an examiner do when receiving a pre-AIA 37 CFR 1.47 application?
When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps: “When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the…
Read MoreHow can an applicant request review of a refusal to accord a filing date?
An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states: Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should…
Read MoreWhat happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?
What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)? If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified…
Read MoreHow do I correct an error in my foreign priority claim?
How do I correct an error in my foreign priority claim? If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by…
Read MoreWhat happens if I miss the deadline for filing a foreign priority claim?
If you miss the deadline for filing a foreign priority claim, you may still have options: Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen…
Read MoreHow is a pre-AIA 37 CFR 1.47 application processed?
The processing of a pre-AIA 37 CFR 1.47 application involves several steps: A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b). A filing receipt is sent to the applicant. The application or an electronic message about the petition is forwarded to the Office of Petitions. If the papers are…
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