Are there exceptions to announcing reissue applications in the Official Gazette?
Yes, there are exceptions to announcing reissue applications in the Official Gazette. According to MPEP 1430: Continued Prosecution Applications (CPAs) of design reissue applications: “The filing of a continued prosecution application (CPA) of a design reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated as to utility and plant applications)…
Read MoreWhere can I find information about limitations or restrictions with the EPO as an ISA?
Information about limitations or restrictions with the European Patent Office (EPO) as an International Searching Authority (ISA) can be found in the PCT Information section of the Official Gazette on the USPTO’s website. According to MPEP 1840.01, “For any limitations or restrictions with the EPO as an ISA, please refer to the PCT Information section…
Read MoreHave there been any modifications to the arrangement with the EPO as an International Searching Authority?
Yes, there have been modifications to the original arrangement with the European Patent Office (EPO) as an International Searching Authority (ISA). An announcement modifying the original arrangement was published in the Official Gazette on March 10, 2015. According to MPEP 1840.01, “An announcement modifying the original arrangement with the EPO appeared in the Official Gazette…
Read MoreAre continued prosecution applications (CPAs) of reissue applications announced in the Official Gazette?
No, continued prosecution applications (CPAs) of reissue applications are not announced in the Official Gazette. MPEP 1470 clarifies: “The filing of a continued prosecution application (CPA) under 37 CFR 1.53(d) of a design reissue application (effective July 14, 2003, CPAs are only available in design applications) will not be announced in the Official Gazette.“ This…
Read MoreHow are Certificates of Correction published and made available to the public?
The USPTO has implemented an electronic publication process for Certificates of Correction. Here’s how they are published and made available: Certificates of Correction are electronically published on the USPTO website at www.uspto.gov/CertificatesOfCorrection. They are subsequently listed in the Official Gazette approximately three weeks later. On the date of electronic publication: The certificate is entered into…
Read MoreHow are Defensive Publications cited as prior art?
Defensive Publications are cited as prior art under specific conditions: They are considered printed publications and cited under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b). They become effective as prior art from the date of publication in the Official Gazette. They can be used alone or in combination with other prior art…
Read MoreWhat was the Defensive Publication Program and when was it available?
The Defensive Publication Program was a historical option for inventors to disclose their inventions without pursuing a full patent. Key points about the program include: It was available from April 1968 to May 8, 1985. Applicants could waive their rights to an enforceable patent. The application was laid open for public inspection. The applicant retained…
Read MoreHow does the USPTO notify the public about postal service interruptions?
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511: When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov. The USPTO’s notification process…
Read MoreHow is the information about foreign applications reflected in the issued patent and Official Gazette?
When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention. The MPEP states: The front page of the patent when it is issued, and the listing in the…
Read MoreWhat information appears on the front page of a patent regarding foreign priority claims?
The front page of a patent includes the following information regarding foreign priority claims: The country of the foreign application The filing date of the foreign application The number of the foreign application This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page…
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